Brimer v. Bangkit (U.S.A.) Inc.

On January 29, 2010, citizen enforcer Russell Brimer and settling defendant Bangkit (U.S.A.) Inc. ("Bangkit") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Bangkit sold color coated metal fasteners containing the heavy metal lead in the State of California without providing the health hazard warnings required by Proposition 65.

As part of the settlement, Bangkit agreed not to sell any color coated metal fasteners in California after December 30, 2009, unless the metal fasteners contain less than 300 parts per million of lead when analyzed using state or federally approved testing methodologies.

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.