Brimer v. Orgill, Inc.

Posted: 01/27/2016  browse the case archive

On January 27, 2016, citizen enforcer Russell Brimer and settling party Orgill, Inc. (“Orgill”) entered into an out-of-court settlement agreement.  Brimer had alleged that Orgill sold vinyl/PVC-coated padlocks 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, Orgill agreed not to sell any vinyl/PVC-coated padlocks in California after January 22, 2016, unless the padlocks contain less than 1,000 parts per million of DEHP in each component when analyzed using state or federally approved testing methodologies.  Should Orgill provide Brimer with written certification by March 15, 2016 that all vinyl/PVC-coated padlocks sold in California qualify as reformulated products under the agreement, Brimer agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $30,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.  

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