Brimer v. Amcor Industries, Inc.

On August 27, 2012, citizen enforcer Russell Brimer and settling defendant Amcor Industries, Inc. ("Amcor"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Amcor sold hand tools with grips containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") and the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Amcor agreed to only manufacture hand tools with grips in California that comply with the reformulation standards set forth in Section 2 of the Settlement Agreement. Should Amcor comply with these heightened standards by December 1, 2012, Brimer agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $33,500, 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.