Brimer v. Allary Corporation

On June 5, 2009, citizen enforcer Russell Brimer and settling defendant Allary Corporation ("Allary") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Allary sold vinyl coated tape measures 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, Allary agreed not to manufacture any vinyl coated tape measures in California after June 10, 2009, unless the tape measures contain less than 1,000 parts per million of DEHP and less than 300 parts per million of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 health hazard warnings provided. 100% of tape measures offered for sale in California by Allary after June 30, 2009, shall meet these reformulation standards.

The Settlement Agreement requires settlement payments of $18,000, 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.