Brimer v. Allure Eyewear, LLC

The parties involved in the case Brimer v. Allure Eyewear, LLC executed a Consent Judgment on December 8, 2014.  In this matter, citizen enforcer Russell Brimer alleged that Allure Eyewear, LLC (“Allure”) sold vinyl/PVC eyeglass cases 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 agreement, Allure agreed not to sell the specific vinyl/PVC eyeglass cases identified in the agreement in California after the Santa Clara Superior Court approves the Consent Judgment, unless the cases contain no more than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”) and butyl benzyl phthalate (“BBP”) when analyzed using state or federally approved testing methodologies or Proposition 65 warnings are provided.  Allure shall provide these reformulation standards to its vendors and instruct them to provide products that meet the standards expeditiously.  Should Allure provide written certification that all of its vendors have been instructed to provide reformulated cases in California as of December 18, 2014, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.  Additionally, should Allure provide written certification that all cases sold in California qualify as reformulated within forty days of the Court approving the Consent Judgment, Brimer agreed to waive another portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $80,000, 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.