Brimer v. Lady Captiva, Inc.

Posted: 05/31/2011  browse the case archive

On May 31, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Lady Captiva, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Lady Captiva, Inc. dba Beltsville ("Lady Captiva"), sold wallets, handbags, purses, clutches, totes, belts, and cuffs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Lady Captiva agreed not to sell any handbags, wallets, purses, clutches, totes, cuffs, or belts in California after June 30, 2011, unless each accessible component of the products complies with the reformulation standards set forth in Section 3.2 of the Consent Judgment. Additionally, after June 30, 2011, Lady Captiva agreed to provide the lead limits identified in Section 3.2 of the Consent Judgment to its then-current vendors of the covered products in California and instruct such vendors to comply with the heightened standards.

The Consent Judgment requires settlement payments of $50,000, 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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