Brimer v. National Entertainment Collectibles Association, Inc.

Posted: 03/18/2013  browse the case archive

The parties in the enforcement action Brimer v. National Entertainment Collectibles Association, Inc. executed a Consent Judgment on March 18, 2013, which resolved citizen enforcer Russell Brimer’s allegations that defendant National Entertainment Collectibles Association, Inc. (“National”) sold mugs with colored artwork containing the heavy metal lead and carrying cases with vinyl/PVC handles 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, National agreed not to sell any mugs or carrying cases in California after the date that the court approves the Consent Judgment, unless the mugs and carrying cases comply with the reformulation standards when analyzed using state or federally approved testing methodologies.  Should National provide written certification that all mugs and carrying cases qualify as reformulated by January 1, 2013, and continuing on into the future, Brimer agreed to waive a portion of the civil fine.

The Consent Judgment requires settlement payments of $65,000, 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.  

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