Brimer v. Sunham Home Fashions, LLC

Posted: 03/22/2013  browse the case archive

Settling party Sunham Home Fashions, LLC (“Sunham”) and citizen enforcer Russell Brimer entered into an out-of-court Settlement Agreement on March 22, 2013, resolving Brimer’s allegations that Sunham sold vinyl/PVC travel cases containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Sunham agreed not to sell any travel cases in California after March 15, 2013, unless the travel cases comply with the reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Sunham eliminate the need for Proposition 65 warnings by May 1, 2013, and continuing on 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 $21,000, 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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