Brimer v. CVS Pharmacy, Inc.; CVS Caremark Corporation; Atico International USA, Inc.; Walgreen Co.

On May 25, 2011, the Marin County Superior Court entered a Consent Judgment in Brimer v. Atico International USA, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant Atico International USA, Inc. ("Atico") sold vinyl coated measuring tapes and color coated metal fasteners containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement agreement, Atico agreed not to sell any vinyl coated measuring tapes or color coated metal fasteners in California after January 31, 2011, unless the measuring tapes and metal fasteners contain less than 100 parts per million of lead when analyzed using state or federally approved testing methodologies. Due to Atico's commitment to comply by these heightened standards, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $105,000, 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.