Brimer v. Spectra Merchandising International, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Spectra Merchandising International, Inc. (“Spectra”) were resolved on April 26, 2013, when the parties entered into a Settlement Agreement.  In the case, Brimer alleged that Spectra sold earphones with vinyl/PVC cords 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, Spectra agreed not to sell any earphones in California after May 3, 2013, unless the earphones contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Should Spectra provide written certification that it has met the reformulation standards by June 15, 2013, and continuing into the future, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $58,000, 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.