Brimer v. Powermax Battery (U.S.A.), Inc.

On March 1, 2011, the Contra Costa Superior Court entered a Consent Judgment in Brimer v. Powermax Battery (U.S.A.), Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Powermax Battery (U.S.A.), Inc. ("Powermax") sold flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Powermax agreed not to sell any flashlights in California after January 14, 2011, unless the flashlights contain no more than 100 parts per million of lead when analyzed using state and federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment requires settlement payments of $25,000, 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.