Brimer v. G.H. Meiser & Co.

Posted: 02/16/2011  browse the case archive

On February 16, 2011, citizen enforcer Russell Brimer and settling defendant G.H. Meiser & Co. ("G.H. Meiser") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that G.H. Meiser sold tire pressure gauges containing the heavy metal lead in the State of California without providing the health hazard warnings.

As part of the settlement, G.H. Meiser agreed not to sell any tire pressure gauges in California unless the gauges qualify as reformulated when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should G.H. Meiser eliminate the need for Proposition 65 warnings on the tire pressure gauges, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $36,500, 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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