Brimer v. Fantasia Accessories, Ltd.

Posted: 04/20/2010  browse the case archive

On April 20, 2010, citizen enforcer Russell Brimer and settling defendant Fantasia Accessories, Ltd. ("Fantasia") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Fantasia sold vinyl belts containing the heavy metal lead in the State of California without providing the health hazard warnings required by Proposition 65.

As part of the settlement agreement, Fantasia agreed not to sell or distribute any belts in California after April 20, 2010, unless the belts are affixed with Proposition 65 warnings or 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 $13,000, 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.

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