Brimer v. Alvin & Company, Inc.

On August 14, 2012, citizen enforcer Russell Brimer and settling defendant Alvin & Company, Inc. ("A&C"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that A&C sold pencil sharpeners containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, A&C agreed not to sell any pencil sharpeners in California after August 15, 2012, unless all accessible components of the pencil sharpeners contained no more than 100 parts per million of lead when analyzed using state or federally approved testing methodologies or had Proposition 65 warnings provided.

The Settlement Agreement requires settlement payments of $20,500, 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.