Brimer v. Digital Gadgets, LLC

The parties involved in the case Brimer v. Digital Gadgets, LLC executed a Consent Judgment on May 26, 2016.  In this matter, citizen enforcer Russell Brimer alleged that Digital Gadgets, LLC (“Digital Gadgets”) sold tablet computer stands/supports containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Digital Gadgets agreed not to sell any tablet computer stands/supports in California after the San Francisco County Superior Court approves the Judgment, unless the stands/supports contain no more than 90 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies OR have Proposition 65 provided.  Should Digital Gadgets provide Brimer with certification by December 1, 2016 that all tablet computer stands/supports sold in California qualify as reformulated by the above standards, Brimer has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $40,000, 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.