Brimer v. Made for Retail, Incorporated

On September 29, 2015, the parties involved in the case Brimer v. Made For Retail, Incorporated executed a Consent Judgment.  In this matter, citizen enforcer Russell Brimer alleged that Made for Retail, Incorporated (“Made for Retail”) sold ID pouches containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Made for Retail agreed not to sell any ID pouches in California after the Marin County Superior Court approves the Judgment, unless the pouches contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Made for Retail has also agreed to provide the above reformulation standards to their vendors and instruct them to comply expeditiously.  Should Made for Retail provide written certification that all ID pouches sold in California qualify as reformulated by December 15, 2015, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $45,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblower Brimer and his counsel for their successful enforcement of this matter in the public interest.