Brimer v. Kaltex North America, Inc., et al

The parties involved in the case Brimer v. Kaltex North America, Inc., et al. executed a Consent Judgment on November 2, 2016.  In this matter, citizen enforcer Russell Brimer alleged that Kaltex North America, Inc. and Revman International Inc. (“Defendants”) sold tumblers with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, Defendants agreed not to sell any tumblers with exterior designs in California 60 days after the Santa Clara County Superior Court approves the Judgment, unless the designs contain no more than 90 parts per million of lead when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.

The Consent Judgment required settlement payments of up to $22,000, 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.