Brimer v. Petco Animal Supplies, Inc.

Posted: 04/12/2013  browse the case archive

In the enforcement action Brimer v. Petco Animal Supplies, Inc. the parties executed a Consent Judgment on April 12, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Petco Animal Supplies, Inc. (“Petco”) sold photo frames containing the heavy metal lead,  vinyl/PVC raincoats containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”), and aquarium nets with vinyl/PVC handles containing lead and DEHP in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Petco agreed not to sell any photo frames, raincoats, or aquarium nets in California after September 1, 2013, unless the products contain no more than 1,000 parts per million of DEHP and 100 parts per million of lead when analyzed using state and federally approved testing methodologies.  Should Petco provide written certification that all products sold in California after September 15, 2013, and continuing into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $58,500, 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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