Brimer v. Wilson Sporting Goods Co.

Citizen enforcer Russell Brimer’s allegations against settling party Wilson Sporting Goods Co. (“Wilson”) were resolved on June 26, 2013, when the parties entered into an out-of-court Settlement Agreement.  In this matter, Brimer alleged that Wilson sold folders with synthetic leather 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, Wilson agreed not to sell any folders with synthetic leather covers in California after July 1, 2013, unless the folders contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies. Should Wilson provide written certification that all of the folders are reformulated by December 1, 2013, and continuing into the future, Brimer agreed to waive a portion of the civil fine.

The Settlement Agreement requires settlement payments of $26,000, 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.