Brimer v. Thomas Nelson, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Thomas Nelson, Inc. (“Thomas Nelson”) were resolved on May 15, 2013, when the parties entered into an out-of-court Settlement Agreement.  Brimer alleged that Thomas Nelson sold books with vinyl/PVC covers 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, Thomas Nelson agreed not to sell any books in California after May 24, 2013, unless the books contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Due to Thomas Nelson’s commitment to reformulation, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $23,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, the waived civil fine, and compensation to whistleblower Brimer and his counsel for their successful enforcement of this matter in the public interest.