Brimer v. CVS Pharmacy Incorporated, et al.

Posted: 08/08/2011  browse the case archive

On August 9, 2011, the Marin County Superior Court entered a Consent Judgment in Brimer v. CVS Pharmacy Incorporated, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant CVS Pharmacy Incorporated ("CVS") distributed and/or sold flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, CVS agreed not to distribute and/or sell any flashlights in California after June 1, 2011, unless each accessible component of the flashlights contained no more than 100 parts per million of lead when analyzed using state or federally approved testing methodologies. Due to CVS's commitment to comply by these heightened standards, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $48,500, 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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