Brimer v. Standard Motor Products

On September 29, 2015, the parties involved in the case Brimer v. SMP Safety Corporation executed a Consent Judgment.  In this matter, citizen enforcer Russell Brimer alleged that Standard Motor Products (“SMP”) sold booster cable clamps with vinyl/PVC grips 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 agreement, SMP agreed not to sell any booster cable clamps with vinyl/PVC grips in California after the Santa Clara County Superior Court approves the Judgment, unless the hearing protection or aprons contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  SMP has also agreed to provide the above reformulation standards to their vendors and instruct them to comply expeditiously.  Should SMP provide written certification that all booster cable clamps with vinyl/PVC grips sold in California qualify as reformulated by January 1, 2016, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $37,500, 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.