Brimer v. Sculpture House, Inc.

Settling party Sculpture House, Inc. (“Sculpture House”) and citizen enforcer Russell Brimer entered into an out-of-court Settlement Agreement on April 24, 2013, resolving Brimer’s allegations that Sculpture House sold vinyl/PVC art supply pouches 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, Sculpture House agreed not to sell any art supply pouches in California after April 24, 2013, unless the pouches contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Any pouches manufactured before April 24, 2013, that are not reformulated may be sold in California with Proposition 65 warnings provided. Should Sculpture House provide written certification that all pouches sold in California by July 20, 2013, and continuing into the future, are reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $42,000, 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.