Brimer v. 26 International, Inc.

Posted: 02/07/2013  browse the case archive

In Brimer v. 26 International, Inc., the Sacramento County Superior Court entered a Consent Judgment on February 7, 2013, which resolved citizen enforcer Russell Brimer's allegations that the defendant 26 International, Inc. ("26 International") sold belts containing the heavy metal lead within the State of California without providing the requisite health hazard warnings.

As part of the settlement, 26 International agreed not to sell any belts in California after April 8, 2013, unless the belts contain no more than 100 parts per million of lead when analyzed using state or federally approved testing methodologies. Should 26 International provide written certification that all belts comply with reformulation standards by February 7, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $30,000, 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.

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