Brimer v. Pilot Corporation of America

The parties involved in the enforcement action Brimer v. Pilot Corporation of America, et al. executed a Consent Judgment on January 14, 2014, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Pilot Corporation of America (“Pilot”) sold vinyl/PVC pen 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, Pilot agreed not to sell any vinyl/PVC pen pouches in California after the Marin County Superior Court approves the Consent Judgment, unless the pen pouches contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should Pilot provide written certification that all the pen pouches qualify as reformulated by May 15, 2014, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $41,000, 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.