Brimer v. Vera Bradley, Inc., Vera Bradley Designs, Inc., and Vera Bradley Sales, LLC

Citizen enforcer Russell Brimer’s allegations against settling parties Vera Bradley, Inc., Vera Bradley Designs, Inc., and Vera Bradley Sales, LLC (collectively “Vera Bradley”) were resolved on March 13, 2013, when the parties entered into an out-of-court Settlement Agreement.  In the case, Brimer alleged that Vera Bradley sold pen cases made with vinyl/PVC materials 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, Vera Bradley agreed not to sell any pen cases in California after March 1, 2013, unless the pen cases contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Any pen cases currently existing in inventory may be sold with Proposition 65 warnings provided.  Should Vera Bradley provide written certification that it has met the reformulation standards for all new pen cases by March 15, 2013, and continuing 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 $35,000, 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.