Brimer v. Fortune Bands, Inc. and Master Lock Company LLC, et al.

On January 9, 2012, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Fortune Bands, Inc. and Master Lock Company LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants, Fortune Bands, Inc. and Master Lock Company LLC ("Fortune and Master"), sold storage bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Fortune and Master agreed not to sell any storage bags in California after June 15, 2011, unless the storage bags comply with reformulation standards or have Proposition 65 warnings provided. Brimer agreed to provide Fortune and Master with optional civil penalty reductions due to Fortune's and Master's commitment to reformulate the storage bags.

The Consent Judgment requires settlement payments of $40,250, divided therein between civil penalties, 75% of which were 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.