Brimer v. SKF USA, Inc.

Citizen enforcer Russell Brimer and settling party SKF USA, Inc.  (“SKF”) entered into an out-of-court settlement agreement on February 12, 2016.  Brimer had alleged that SKF sold vinyl/PVC tubing 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, SKF agreed not to sell any vinyl/PVC tubing in California after April 15, 2016, unless the tubing contains less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should SKF certify to Brimer by December 15, 2016 that all vinyl/PVC tubing sold in California qualifies as reformulated, Brimer has agreed to waive a portion of the civil penalty.

The Settlement Agreement requires settlement payments of up to $72,000, 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.