Brimer v. MSRF, Inc.

Posted: 10/25/2012  browse the case archive

On October 25, 2012, citizen enforcer Russell Brimer and settling defendant MSRF, Inc. ("MSRF"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that MSRF sold mugs with colored artwork or designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, MSRF agreed not to sell any mugs with colored artwork or designs in California after November 24, 2012, unless the mugs comply with the Testing Protocols outlined in Section 2.1 of the Settlement Agreement. Should MSRF comply with these heightened standards and only sell reformulated mugs, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $75,000, 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.

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