Brimer v. Dyno LLC dba Dyno Merchandise

On June 11, 2009, citizen enforcer Russell Brimer and settling defendant Dyno LLC dba Dyno Merchandise ("Dyno") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Dyno sold vinyl coated tape measures containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Dyno agreed not to manufacture any vinyl coated tape measures in California after May 20, 2009, unless the tape measures contain less than 300 parts per million of lead when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $32,500, 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.