Brimer v. United Technologies Corporation

Citizen enforcer Russell Brimer’s allegations against the settling party United Technologies Corporation by and on behalf of its indirect wholly-owned subsidiary UTC Fire & Security Americas Corporation, Inc. (“UTC”) were resolved on May 15, 2013, when the parties entered into an out-of-court Settlement Agreement. Brimer alleged that UTC sold portable locks with vinyl/PVC shackles 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, UTC agreed not to sell any portable locks in California after July 14, 2013, unless the locks contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should UTC provide written certification that all locks sold in California by November 1, 2013, and into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.    

The Settlement Agreement requires settlement payments of $61,000, 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.