Brimer v. Micro Matic USA, Inc.

Posted: 01/20/2017  browse the case archive

On January 20, 2016, citizen enforcer Russell Brimer and settling party Micro Matic USA, Inc. (“Micro Matic”) entered into an out-of-court settlement agreement.  Brimer had alleged that Micro Matic sold vinyl/PVC tubing 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 settlement, Micro Matic agreed not to sell any vinyl/PVC tubing in California after March 20, 2017, unless the tubing contains less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided.  Existing inventory shall be sold with Proposition 65 warnings.

The Settlement Agreement requires settlement payments of $19,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.  

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