Brimer v. MEDport, LLC

On August 27, 2010, citizen enforcer Russell Brimer and settling defendant MEDport, LLC ("MEDport") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that MEDport sold vinyl coated tape measures containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement agreement, MEDport agreed not to sell any vinyl coated tape measures in California after August 23, 2010, unless the tape measures contain less than 100 parts million of lead when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $26,000, 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.