Brimer v. Zeikos Inc., et al.

In the enforcement action Brimer v. Zeikos Inc., et al., citizen enforcer Russell Brimer’s allegations against defendant Zeikos Inc. (“Zeikos”) were resolved on January 25, 2013, when the parties executed a Consent Judgment.  Brimer alleged that Zeikos sold headphones with PVC/vinyl components 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, Zeikos agreed not to sell any headphones in California after February 1, 2013, unless the headphones contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Zeikos provide written certification that it has eliminated the need for Proposition 65 warnings on the headphones by August 15, 2013, and continuing into the future, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $39,500, 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.