Brimer v. LC3S, Inc.

Posted: 02/11/2010  browse the case archive

On February 11, 2010, citizen enforcer Russell Brimer and settling defendant LC3S, Inc. ("LC3S") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that LC3S sold mugs with colored artwork or designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, LC3S agreed not to distribute or sell any mugs in California after February 12, 2010, unless the mugs contain less than 300 parts per million of lead when analyzed using state or federally approved testing methodologies or contain Proposition 65 health hazard warnings.

The Settlement Agreement requires settlement payments of $18,500, 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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