Brimer v. Evriholder Products, LLC

In the enforcement action Brimer v. Evriholder Products, LLC; et al., the parties executed a Consent Judgment on February 11, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Evriholder Products, LLC (“Evriholder”) sold casserole dishes with colored artwork or designs containing the heavy metal lead within the State of California without providing the requisite health hazard warnings.

As part of the settlement, Evriholder agreed not to sell any casserole dishes in California after December 31, 2012, unless the casserole dishes comply with reformulation standards when analyzed using state or federally approved testing methodologies.  Should Evriholder provide written certification by March 1, 2013, that all casserole dishes comply with reformulation standards and continuing on into the future, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires settlement payments of $65,000, 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.