Brimer v. Big 5 Corp.

A Settlement Agreement was negotiated on February 21, 2013, when citizen enforcer Russell Brimer and settling party Big 5 Corp. (“Big 5”) resolved Brimer’s allegations that Big 5 sold chairs with travel bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Big 5 agreed not to sell any chairs with travel bags in California after February 1, 2013, unless the chairs contain no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies or have the appropriate Proposition 65 warnings provided.  Due to Big 5’s commitment to sell only reformulated chairs once it has exhausted its current inventory, Brimer agreed to credit a portion of the civil fine.   

The Settlement Agreement requires settlement payments of $25,000, 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.