Brimer v. Royal Consumer Information Products, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Royal Consumer Information Products, Inc. (“Royal Consumer”) were resolved on July 17, 2013, when the parties entered into an out-of-court Settlement Agreement.  In this matter, Brimer alleged that Royal Consumer sold vinyl/PVC checkbook covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and calculators containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Royal Consumer agreed not to sell any checkbook covers or calculators in California after July 22, 2013, unless the checkbook covers contain no more than 1,000 parts per million of DEHP and the calculators contain less than 100 parts per million of lead when analyzed using state or federally approved testing methodologies.  Should Royal Consumer provide written certification that all checkbook covers and calculators sold in California by December 1, 2013, and into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.   

The Settlement Agreement requires settlement payments of $46,500, 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.