Brimer v. Norcom, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Norcom, Inc. (“Norcom”) were resolved on March 12, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Norcom sold ledger/cash books with vinyl/PVC covers 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, Norcom agreed not to sell any ledger/cash books in the United States after March 1, 2013, unless the books contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. Additionally, Norcom agreed to provide the reformulation standards to its vendors and instruct them to provide books that comply expeditiously.  The ledger/cash books that Norcom previously obtained prior to March 15, 2013, may be sold with Proposition 65 warnings provided until April 30, 2013.  Should Norcom provide written certification that it has met the heightened standards for new ledger/cash books by March 15, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $35,000, 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.