Brimer v. Seasonal Specialties LLC

Posted: 09/10/2014  browse the case archive

Citizen enforcer Russell Brimer’s allegations against defendant Seasonal Specialties LLC (“Seasonal Specialties”) were resolved on September 10, 2014, when the parties executed a Consent Judgment.  In this matter, Brimer alleged that Seasonal Specialties sold LED lights and other string lights with PVC 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, Seasonal Specialties agreed not to sell any LED lights or other string lights with PVC cables in California after the Santa Clara County Superior Court approves the Consent Judgment, unless the cables contain no more than 1,000 parts per million of DEHP, butyl benzyl phthalate (“BBP”), and di-n-butyl phthalate (“DBP”) when analyzed using state or federally approved testing methodologies.  Additionally, Seasonal Specialties agreed to obtain written certification from its manufacturers that they will not thereafter manufacture any products that do not meet the reformulation standard.  Should Seasonal provide written certification by December 1, 2014, that additional products including vinyl/PVC greenery, holiday ornaments, and other ornamental products also meet the reformulation standard, Brimer agreed to waive 50% of the final civil penalty.  Additionally, should Seasonal provide written certification by December 1, 2014, that the LED lights and additional products contain no more than 1,000 parts per million of Di-isodecyl phthalate (“DIDP”) and Diisononyl phthalate (“DINP”), Brimer agreed to waive 50% of the final civil penalty. 

The Consent Judgment requires settlement payments of $110,000, 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.  

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