Brimer v. Gossi, Inc. and Walgreen, Co.

Posted: 02/15/2011  browse the case archive

On February 15, 2011, the Contra Costa County Superior Court entered a Consent Judgment in Brimer v. Gossi, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant Gossi, Inc. ("Gossi") distributed flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement agreement, Gossi agreed not to sell any flashlights in California after October 1, 2010, unless the flashlights contain less than 100 parts per million of lead when analyzed using state and federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment requires settlement payments of $45,000, to be 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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