Brimer v. Pagecomm International, Inc.

Posted: 01/17/2014  browse the case archive

On January 17, 2014, the parties involved in the enforcement action Brimer v. Pagecomm International, Inc., et al., executed a Consent Judgment.  In this matter, citizen enforcer Russell Brimer alleged that the defendant Pagecomm International, Inc. (“Pagecomm”) sold vinyl headset cords 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, Pagecomm agreed not to sell any vinyl headset cords in California after January 17, 2013, unless the cords contain no more than 1,000 parts per million of DEHP, butyl benzyl phthalate (“BBP”), or di-n-butyl phthalate (“DBP”) in any accessible part when analyzed using state and federally approved testing methodologies or have Proposition 65 warnings provided.  Additionally, Pagecomm agreed to provide its vendors with the reformulation standards and instruct them to provide only cords that meet these standards.  Should Pagecomm provide written certification that it has eliminated the need for Proposition 65 warnings on the cords sold in California by the date at which the Santa Clara Superior Court has approved the Consent Judgment, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $57,500, 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. 

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