Brimer v. Milano Series International Products Ltd.

Posted: 02/14/2012  browse the case archive

On February 14, 2012, citizen enforcer Russell Brimer and settling defendant Milano Series International Products Ltd. ("Milano"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Milano sold cosmetic cases/bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

At the time of execution of the Settlement Agreement, Milano warranted that it had discontinued selling cosmetic cases/bags in California and had all cosmetic cases/bags withdrawn from its California retail outlets and subsequently destroyed. As part of the settlement, should Milano reintroduce the cosmetic cases/bags in California, Milano agreed not to sell any cosmetic cases/bags after March 1, 2012, unless the cosmetic cases/bags qualify as "Lead Free" according to the reformulation standards when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $42,500, 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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