Brimer v. Revenue Creations LLC

On December 3, 2015, citizen enforcer Russell Brimer and settling party Revenue Creations LLC (“Revenue Creations”) entered into an out-of-court settlement agreement.  Brimer had alleged that Revenue Creations sold vinyl/PVC-coated laptop security cables 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, Revenue Creations agreed not to sell any vinyl/PVC-coated laptop security cables in California after September 30, 2015, unless the cables contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Revenue Creations provide Brimer with written certification by January 15, 2016 that all vinyl/PVC-coated laptop security cables sold in California qualify as reformulated products under the agreement, Brimer agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $10,000, 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.