Brimer v. Inventory Liquidators Corp.

On March 29, 2012, citizen enforcer Russell Brimer and settling defendant Inventory Liquidators Corp. ("ILC") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that ILC sold flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, ILC agreed not to sell any flashlights in California after February 15, 2012, unless the flashlights contain no more than 100 parts per million of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided as set forth in subsections 2.3(a) and (b) of the Agreement. Should ILC eliminate the need for Proposition 65 warnings for flashlights by May 15, 2012, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $24,500, 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