Brimer v. Rolf C. Hagen (USA) Corp.

On February 15, 2017, citizen enforcer Russell Brimer and settling party Rolf C. Hagen (USA) Corp. (“Hagen”) entered into an out-of-court settlement agreement.  Brimer had alleged that Hagen sold vinyl/PVC tie-out 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, Hagen agreed not to sell any vinyl/PVC tie-out cables in California after February 24, 2017, unless the cables contain less than 1,000 parts per million of DEHP in each component when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided. 

The Settlement Agreement requires settlement payments of $31,000, 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.