Brimer v. Bangkit U.S.A., Inc.

Posted: 03/08/2013  browse the case archive

On March 8, 2013, the parties involved in the enforcement action Brimer v. Bangkit U.S.A, Inc., et al., executed a Consent Judgment.  In this matter, citizen enforcer Russell Brimer alleged that the defendant Bangkit U.S.A., Inc. (“Bangkit”) sold backpacks and various cutting tools with grips containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Bangkit agreed not to sell any backpacks or cutting tools with grips containing the heavy metal lead in California after March 31, 2013, unless the products contain no more than 100 parts per million of lead in any accessible part when analyzed using state and federally approved testing methodologies.  Should Bangkit provide written certification that all products sold in California after December 15, 2013, and continuing into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $25,500, 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. 

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