Brimer v. Orange Circle Studio Corporation

On November 13, 2012, citizen enforcer Russell Brimer and settling defendant Orange Circle Studio Corporation ("Orange Circle") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Orange Circle sold planners/calendars with 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, Orange Circle agreed not to sell any planners/calendars in California after December 1, 2012, unless the planners/calendars contain less than .1 percent of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Due to Orange Circle's commitment to comply by these heightened standards, Brimer agreed to credit 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.