Brimer v. The Hillman Group, Inc.

Posted: 12/13/2011  browse the case archive

On December 13, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. The Hillman Group, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant The Hillman Group, Inc. ("Hillman") sold tape measures with grips containing the heavy metal lead on the exterior surface in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Hillman stipulated that it had ceased its sale of tape measures with grips containing lead in California after August 1, 2010. However, Hillman also agreed not to sell any tape measures with grips in California in the future unless such tape measures contain less than 1.0 microgram of lead when analyzed using state or federally approved testing methodologies.

The Consent Judgment requires settlement payments of $28,000, 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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