Brimer v. Privateer Press, Inc.

Citizen enforcer Russell Brimer and settling party Privateer Press, Inc. (“Privateer”) entered into an out-of-court settlement agreement on July 22, 2015.  Brimer had alleged that Privateer sold vinyl/PVC tool grips 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, Privateer agreed not to sell any vinyl/PVC tool grips in California after July 31, 2015, unless the grips contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Existing inventory shall be sold with Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $28,100, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.