Brimer v. Visual Horizons, Inc.

The parties executed a Consent Judgment in Brimer v. Visual Horizons Inc. on January 24, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Visual Horizons, Inc. (“Visual Horizons”) sold plastic/vinyl/PVC checkbook 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, Visual Horizons agreed not to sell any checkbook covers in California after February 15, 2013, unless the covers contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. 

The Consent Judgment requires settlement payments of $28,000, 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.