Brimer v. Mafcote, Inc., et al

The parties involved in the case Brimer v. Mafcote, Inc., et al. executed a Consent Judgment on April 12, 2017.  In this matter, citizen enforcer Russell Brimer alleged that Mafcote, Inc. and Royal Consumer Products, LLC (collectively, “Defendants”) sold vinyl/PVC poster carriers and vinyl lettering containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and/or diisononyl phthalate (“DINP”) in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Defendants agreed not to sell any vinyl/PVC poster carriers or vinyl lettering in California after the Santa Clara County Superior Court approves the Judgment, unless the products contain no more than 1,000 parts per million of DEHP and/or DINP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.  Should Defendants provide Brimer with certification by September 16, 2017 that all products sold in California meet the reformulation requirements, Brimer has agreed to waive a portion of the civil penalties that would otherwise be imposed.

The Consent Judgment required settlement payments of up to $26,500, 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.