Brimer v. Capitol Records, LLC

On November 15, 2012, the Santa Clara County Superior Court entered a Consent Judgment in Brimer v. Capitol Records, LLC, which resolved citizen enforcer Russell Brimer's allegations that the defendant Capitol Records, LLC ("Capitol"), sold mugs with exterior colored artwork or designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Capitol agreed not to manufacture any mugs with exterior colored artwork or designs in California after August 31, 2012, unless the mugs comply with reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Brimer also agreed to credit Capitol with a portion of the civil fine based on its compliance with the settlement agreement.

The Consent Judgment requires settlement payments of $85,000, 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.