Brimer v. Petedge Massachusetts Business Trust, et al.

Posted: 07/06/2017  browse the case archive

The parties involved in the case Brimer v. Petedge Massachusetts Business Trust, et al. executed a Consent Judgment on July 6, 2017.  In this matter, citizen enforcer Russell Brimer alleged that Petedge Massachusetts Business Trust and Petedge, Inc. (collectively, “Petedge”) sold pet waste bag holders 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 agreement, Petedge agreed not to sell any pet waste bag holders in California after the Alameda County Superior Court approves the Judgment, unless the holders contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment required settlement payments of up to $28,250, 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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