Brimer and Held v. CPP International, LLC

Posted: 04/19/2010  browse the case archive

On April 19, 2010, the San Francisco County Superior Court entered an Amended Consent Judgment in Brimer and Held v. CPP International, LLC, which resolved citizen enforcers Anthony E. Held, Ph.D., P.E.'s and Russell Brimer's allegations that the defendant CPP International, LLC ("CPP") sold vinyl laptop tote bags containing the heavy metal lead and 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, CPP agreed not to sell any vinyl laptop tote bags in California after January 29, 2010, unless the laptop tote bags bear Proposition 65 warnings or contain less than 300 parts per million of lead and 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies. The settlement sum does not include additional fees incurred seeking judicial approval of the Consent Judgment.

The Consent Judgment requires settlement payments of $33,500, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblowers Brimer, Held, and their counsel for their successful enforcement of this matter in the public interest.

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