Brimer and Moore v. Kikkerland Design, Inc.

On September 7, 2011, citizen enforcers Russell Brimer and John Moore entered into an out-of-court Settlement Agreement with settling defendant Kikkerland Design, Inc. ("Kikkerland"), which resolved Brimer's allegations that Kikkerland sold glassware with exterior decorations containing excessive amounts of the heavy metal lead in the State of California without providing the requisite health hazard warnings, and Moore's allegations that Kikkerland sold books with soft covers and luggage tags containing excessive amounts of the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in California without providing the requisite health hazard warnings.

As part of the settlement, Kikkerland agreed not to sell any glassware, luggage tags, or coverings for books/journals in California after September 15, 2011, unless the glassware, luggage tags, and coverings for books/journals comply with the reformulation standards set forth in the Consent Judgment when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $36,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblowers Brimer, Moore, and their counsel for their successful enforcement of this matter in the public interest.