Brimer v. Kmart Corporation; Notions Marketing Corporation

Posted: 10/28/2011  browse the case archive

On October 28, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Kmart Corporation, which resolved citizen enforcer Russell Brimer's allegations that the defendant Notions Marketing Corporation ("Notions") sold vinyl coated tape measures containing the heavy metal lead to retail customer Kmart Corporation ("Kmart") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Notions agreed not to sell any vinyl coated tape measures in California after December 1, 2011, unless the tape measures contain less than 100 parts per million of lead content when analyzed using state or federally approved testing methodologies. Due to Notions' cooperation during the settlement process and commitment to comply by these heightened standards, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $34,500, 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.

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