Brimer v. Navajo Manufacturing Company and CVS Pharmacy, Inc.

Citizen enforcer Russell Brimer’s allegations against settling parties Navajo Manufacturing Company (“Navajo”) and CVS Pharmacy, Inc. (“CVS”) were resolved on August 6, 2013, when the parties entered into an out-of-court Settlement Agreement. In this matter, Brimer alleged that Navajo and CVS sold tools with grips containing the heavy metal lead and the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Navajo and CVS agreed not to sell any tools with grips in California after September 2, 2013, unless the tools contain no more than 1,000 parts per million of DEHP and less than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  Should Navajo and CVS provide written certification that all tools with grips sold in California by September 1, 2013, and into the future, qualify as reformulated, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.   

The Settlement Agreement requires settlement payments of $32,500, 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.