Brimer v. Telebrands Corp.

Posted: 05/22/2013  browse the case archive

In the enforcement action Brimer v. Telebrands Corp. the parties executed a Consent Judgment on May 22, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Telebrands Corp. (“Telebrands”) sold headphones with vinyl/PVC components, including, but not limited to, the MyZone headphones, that contain the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

Telebrands alleged that it had previously withdrawn all MyZone headphones from California and is not currently selling any other headphones in California.  As part of the settlement, Telebrands agreed not to sell any headphones in California after the Marin Court approves the Consent Judgment, unless the headphones contain no more than 1,000 parts per million of DEHP in any accessible part when analyzed using state and federally approved testing methodologies.  Should Telebrands provide written certification that all headphones sold in California after the date of court approval, and continuing into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $60,250, 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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