Brimer v. SureFire, LLC

The parties involved in the case Brimer v. SureFire, LLC executed a Consent Judgment on May 12, 2016.  In this matter, citizen enforcer Russell Brimer alleged that SureFire, LLC (“SureFire”) sold earplugs with vinyl/PVC cords 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, SureFire agreed not to sell any earplugs with vinyl/PVC cords in California after the Santa Clara County Superior Court approves the Judgment, unless the earplugs contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should SureFire provide Brimer with certification by December 15, 2016 that all earplugs with vinyl/PVC cords sold in California qualify as reformulated by the above standards, Brimer has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $48,500, 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.