Brimer v. Omaha Distributing Co.

Citizen enforcer Russell Brimer’s allegations against defendant Omaha Distributing Co. (“Omaha”) were resolved on January 15, 2015 when the parties entered into a Consent Judgment.  Brimer alleged that Omaha sold tape measures with grips and hand straps containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”), vinyl/PVC hand tool grips containing DEHP, and glue guns with vinyl/PVC cords containing DEHP and the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Omaha agreed not to sell any tape measures, hand tool grips, and glue guns in California after the Alameda County Superior Court approves the Judgment, unless the products contain less than 1,000 parts per million of DEHP and less than 90 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  Should Omaha provide written certification by May 1, 2015 that all tape measures, hand tool grips, and glue guns sold in California qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $68,000, 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.