Brimer v. Charles Amash Imports, Inc.

Citizen enforcer Russell Brimer’s allegations against settling party Charles Amash Imports, Inc. (“Amash”) were resolved on August 14, 2012, when the parties entered into a Settlement Agreement. Brimer alleged that Amash sold hand tools and tool bags 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, Amash agreed not to sell any hand tools or tool bags in California after December 31, 2012, unless the products contain no more than 1,000 parts per million of DEHP and 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  For a brief interim period from August 1, 2012, to January 1, 2012, Amash could sell the hand tools and tool bags with Proposition 65 warnings provided, after which point all products must qualify as reformulated.  Additionally, by July 30, 2012, Amash agreed to notify its vendors of the reformulation requirements and instruct them to provide products that comply expeditiously.  In a good faith effort to comply with Proposition 65, Amash also voluntarily agreed to recall its outstanding inventory products to apply health hazard warnings.  Due to Amash’s commitment to reformulation, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $65,000, 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.