Brimer v. Osram Sylvania, Inc.

On July 22, 2016, citizen enforcer Russell Brimer and settling party Osram Sylvania, Inc. (“Osram”) entered into an out-of-court settlement agreement.  Brimer had alleged that Osram sold vinyl/PVC headphone cords and safety bands 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, Osram agreed not to sell any vinyl/PVC headphone cords and safety bands in California after November 1, 2016, unless the products contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.  Should Osram provide Brimer with certification by June 15, 2017 that all its vinyl/PVC headphone cords and safety bands sold in California qualify as reformulated by the above standards, Brimer has agreed to waive a portion of the civil penalty.

The Settlement Agreement requires settlement payments of up to $27,600, 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.