Brimer v. Tuesday Morning Corporation, et al.

The parties involved in the case Brimer v. Tuesday Morning Corporation, et al. executed a Consent Judgment on June 1, 2017.  In this matter, citizen enforcer Russell Brimer alleged that Tuesday Morning Corporation and Tuesday Morning, Inc. (collectively, “Tuesday Morning”) sold vinyl/PVC earphone 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 agreement, Tuesday Morning agreed not to sell any vinyl/PVC earphone cords in California after the San Francisco County Superior Court approves the Judgment, unless the cords contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Consent Judgment required settlement payments of up to $16,000, 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.