Brimer v. Floracraft Corporation, et al.

On December 12, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Floracraft Corporation, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant Floracraft Corporation ("Floracraft") sold color-coated wire products in the State of California containing the heavy metal lead without providing the requisite health hazard warnings.

As part of the settlement, Floracraft agreed not to sell any color-coated wire products in California after July 30, 2011, unless each accessible component of the wire products complies with the reformulation standards set forth in Section 2.2. of the Consent Judgment when analyzed using state or federally approved testing methodologies. Additionally, Floracraft agreed to place Proposition 65 warnings on the covered products that do not meet reformulation standards. Due to Floracraft's good faith efforts to reduce lead content and 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 $62,500, divided therein between civil penalties, 75% of which are paid to the California 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.