Brimer v. Franshaw, Inc.

Posted: 12/22/2011  browse the case archive

On December 22, 2011, the Santa Clara County Superior Court entered a Consent Judgment in Brimer v. Franshaw, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Franshaw, Inc. ("Franshaw") sold belts containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Franshaw agreed not to sell in California any belts after August 15, 2011, unless each accessible component of such belts contains less than 100 parts per million of lead when analyzed using state or federally approved testing methodologies.

The Consent Judgment requires settlement payments of $29,500, 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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