Brimer v. Peachtree Playthings, Inc.

Citizen enforcer Russell Brimer's allegations against settling party Peachtree Playthings, Inc. ("Peachtree") were resolved on February 5, 2013, when the parties entered into a Settlement Agreement. Brimer alleged that Peachtree sold vinyl/PVC marker pouches 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, Peachtree agreed not to order or manufacture any vinyl/PVC marker pouches in California after February 1, 2013, unless the marker pouches contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Additionally, Peachtree agreed to notify its vendors and instruct them to provide marker pouches that comply with the reformulation standards expeditiously. After August 31, 2013, should Peachtree become aware of marker pouches existing in inventory, these pouches shall be sold with Proposition 65 warnings provided. Should Brimer discover that the marker pouches were distributed in sales volumes materially different than those previously reported, Peachtree is liable for penalty augmentations.

The Settlement Agreement requires settlement payments of $33,000, 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.