Brimer v. Mace Group, Incorporated

On August 23, 2011, citizen enforcer Russell Brimer and settling defendant Mace Group, Incorporated ("Mace") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Mace sold cases and coverings for laptops containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Mace Group agreed not to sell any cases/coverings for laptops in California after August 31, 2011, unless the cases/coverings for laptops contain no more than 300 parts per million of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Brimer discover and attain evidence that Mace Group distributed the cases/coverings in sales volumes that are materially different from those identified by Mace Group within nine months of August 23, 2011, Mace Group shall be liable for an additional civil penalty not currently included in the settlement payments.

The Settlement Agreement requires settlement payments of $36,500, 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.