Brimer v. FPC Corporation

Posted: 04/11/2011  browse the case archive

On April 11, 2011, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. FPC Corporation, which resolved citizen enforcer Russell Brimer's allegation that the defendant FPC Corporation ("FPC") sold tape measures with hand straps containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, FPC agreed not to purchase or import any tape measures with hand straps to California after January 10, 2011, unless each accessible component of the tape measures contains less than 90 parts per million of lead when analyzed using state or federally approved testing methodologies.

The Consent Judgment requires settlement payments of $32,000, divided therein between civil penalties, 75% of which were paid to California's Office of Environmental Health and 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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