Brimer v. Panacea Products Corporation; Michaels Stores

Posted: 09/03/2009  browse the case archive

On September 3, 2009, the Marin County Superior Court entered a Consent Judgment in Brimer v. Panacea Products Corporation; Michaels Stores, resolving citizen enforcer Russell Brimer's allegations that the defendant Panacea Products Corporation ("Panacea") sold color-coated metal wire used for crafts or floral arrangements and colored waterproof tape containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Panacea agreed not to sell any color-coated metal wire or colored waterproof tape in California after June 30, 2009, unless the wire and tape contain less than 300 parts per million of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment requires settlement payments of $45,000, to be 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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