Brimer v. Provo Craft & Novelty, Inc.

The San Francisco County Superior Court entered a Consent Judgment in Brimer v. Provo Craft & Novelty, Inc., et al. on August 23, 2012.  This enforcement action resolved citizen enforcer Russell Brimer’s allegations that the defendant Provo Craft & Novelty, Inc. (“Provo”) sold storage binders, binder inserts/pages, shoulder bags, and tote bags with keychains containing the heavy metal lead and/or 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, Provo agreed not to sell or distribute any of the products specifically identified in Section 11 of the Consent Judgment in California after August 23, 2012, except for the Cricut Shoulder Bag, #29-0692  (#0 93573 10692 7), which complies with Proposition 65.

The Consent Judgment requires settlement payments of $70,000, 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.