Brimer v. Perky Pet Products; Lowe's HIW, Inc., Lowe's Companies, Inc., et al.

Citizen enforcer Russell Brimer's suit against Perky Pet Products was resolved on April 8, 2005, when a Consent Judgment was executed in Brimer v. Perky Pet Products; Lowe's HIW, Inc., Lowe's Companies, Inc. This enforcement action settled Brimer's allegations that Perky Pet sold glass and metal feeders containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Perky Pet agreed to reformulate the glass and metal feeders so they contain less than 0.1% of lead when analyzed using state or federally approved methodologies. Perky Pet also agreed to place Proposition 65 health hazard warnings on the feeders it does not reformulate.

The Settlement Agreement requires settlement payments of $52,550, 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.