Brimer v. LDI Ltd. LLC and Ed Tucker Distributor, Inc.

In the enforcement action Brimer v. LDI Ltd. LLC et al., the parties executed a Consent Judgment on March 28, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendants LDI Ltd. LLC and Ed Tucker Distributor, Inc. (collectively “LDI”) sold vinyl-coated motorcycle locks with vinyl/PVC components containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, LDI agreed not to sell any motorcycle locks in California after September 1, 2013, unless the locks contain less than 100 parts per million of lead when analyzed using state and federally approved testing methodologies.  From March 31, 1013, to September 1, 2013, unreformulated locks may be sold with Proposition 65 warnings provided.  Additionally, by March 31, 2013, LDI agreed to notify its vendors of the new reformulation standards and instruct them to provide locks that comply expeditiously.  Should each defendant provide written certification that it has met the reformulation requirement by July 1, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.  Should Brimer find that the locks were distributed in sales volumes materially different from those previously identified by LDI, LDI is liable for additional civil penalties.     

The Consent Judgment requires settlement payments of $49,500, 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.