Brimer v. Coastal Cocktails, Inc.

Posted: 03/22/2012  browse the case archive

On or about March 22, 2012, citizen enforcer Russell Brimer and settling defendant Coastal Cocktails, Inc. ("Coastal Cocktails"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Coastal Cocktails sold mugs with colored artwork or designs on the exterior containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Coastal Cocktails agreed not to sell any mugs with colored artwork or designs on the exterior in California after March 30, 2012, unless the mugs contain no detectable amount of lead in the lip-and rim area and contain less than or equal to 50 parts per million of lead content and less than 1.0 microgram of lead exclusive of the lip-and-rim area when analyzed using state and federally approved testing methodologies. Due to Coastal Cocktails' commitment to comply with reformulation measures, Brimer agreed to credit a portion of the civil penalties that would otherwise be applied.

The Settlement Agreement requires settlement payments of $33,000, 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.

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