Brimer v. The Vollrath Company, L.L.C.

On December 28, 2012, citizen enforcer Russell Brimer and settling defendant The Vollrath Company, L.L.C. ("Vollrath") entered into a Settlement Agreement, which resolved Brimer's allegations that Vollrath sold vinyl/PVC guest check holders 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, Vollrath agreed not to sell any vinyl/PVC guest check holders in California after December 28, 2012, unless the guest check holders contain less than 1,000 parts per million (0.1%) of DEHP in each accessible component when analyzed using state or federally approved testing methodologies. Should Vollrath provide written certification by January 27, 2012, that all guest check holders comply with the reformulation standards, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $31,500, 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.