Brimer v. Agron Incorporated

On March 22, 2011, citizen enforcer Russell Brimer and settling defendant Agron Incorporated ("Agron") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Agron sold athletic bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Agron agreed not to sell any athletic bags in California after March 31, 2011, unless the athletic bags contain less than 200 parts per million of lead when analyzed using state or federally approved testing methodologies. Due to Agron's commitment to comply with these heightened standards, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $58,500, 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.