Brimer v. Rashman Corporation

Citizen enforcer Russell Brimer and defendant Rashman Corporation (“Rashman”) executed an Amended Consent Judgment on May 9, 2014, after executing the original Consent Judgment on October 25, 2013.  In this matter, Brimer alleged that Rashman sold ballpoint pen grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.  Additionally, Brimer alleged that Rashman sold specific medical products outlined in the Amended Consent Judgment containing DEHP in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Rashman agreed not to acquire for sale any ballpoint pen grips in California after December 16, 2013, unless the pen grips contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.   Additionally, Rashman agreed not to acquire for sale any of the additional medical products in California after July 15, 2014, unless the products qualify as reformulated or have Proposition 65 warnings provided.  As Rashman provided written certification that all ballpoint pen grips qualified as reformulated by September 1, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $37,000, 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.