Brimer v. Neil International, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Neil International, Inc. (“Neil”) were resolved on March 12, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Neil sold business card holders with vinyl/PVC components 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, Neil agreed not to sell any business card holders in California after March 1, 2013, unless the card holders contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Neil eliminate the need for Proposition 65 warnings for the business card holders by December 31, 2013, and continuing on into the future, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $31,500, 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.