Brimer v. Michigan Industrial Tools

The Marin County Superior Court entered a Consent Judgment in Brimer v. Amash Imports, Inc., et al. on June 26, 2012.  This enforcement action resolved citizen enforcer Russell Brimer’s allegations that the defendants Amash Imports, Inc. (“Amash”) and Michigan Industrial Tools (“MIT”) sold hand tools with grips containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, MIT agreed not to manufacture any hand tools with grips in California after April 16, 2012, unless the hand tools contain no more than 300 parts per million of lead content and less than 1,000 parts per million of di(2-ethylhexyl)phthalate (“DEHP”), butyl benzyl phthalate (“BBP”), and di-n-butyl phthalate (“DBP”) when analyzed using state and federally approved testing methodologies.  Due to MIT’s commitment to reformulation, Brimer agreed to waive a portion of the civil fine; should MIT agree that after December 15, 2012, it shall only manufacture hand tools that contain less than 100 parts per million of lead content, Brimer agreed to waive an additional portion of the civil fine. 

The Consent Judgment requires settlement payments of $170,000, 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.