Brimer v. Comptree Inc.

On November 18, 2010, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Comptree Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Comptree Inc. ("Comptree") sold color coated metal fasteners, colored, vinyl-coated paper fasteners, and TV tuner cards, all containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement agreement, Comptree agreed not to sell any color coated metal fasteners, vinyl-coated paper fasteners, and TV tuner cards in California after November 18, 2010, unless the products contain less than .009% lead when analyzed using state and federally approved testing methodologies or qualify as "Existing Inventory Products" pursuant to Section 2.2 of the Consent Judgment and are sold with Proposition 65 warnings.

The Consent Judgment requires settlement payments of $37,500, to be 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.