Brimer v. Gresham, Joseph & Reitan Sales, Inc.

In the enforcement action Brimer v. Gresham, Joseph & Reitan Sales, Inc., the parties executed a Consent Judgment on April 11, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Gresham, Joseph, and Reitan Sales, Inc. (“Gresham”) sold baskets with vinyl/PVC components containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Gresham agreed not to sell any baskets in California after May 1, 2013, unless the baskets contain less than 100 parts per million of lead when analyzed using state and federally approved testing methodologies.  Additionally, by April 15, 2013, Gresham agreed to notify its vendors of the new reformulation standards and instruct them to provide baskets that comply expeditiously.  Should Gresham provide written certification that all baskets sold in California after May 1, 2013, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.  Should Brimer find that the baskets were distributed in sales volumes materially different from those previously identified by Gresham, Gresham is liable for additional civil penalties.     

The Consent Judgment requires settlement payments of $50,500, 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.