Brimer v. Prym Consumer USA Inc.

On August 17, 2010, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. ACCO Brands Corporation, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Prym Consumer USA Inc. ("Prym"), sold vinyl coated tape measures containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the Settlement Agreement, Prym agreed not to sell any vinyl coated measuring tapes in California after May 31, 2010, unless the measuring tapes contain less than 300 parts per million of lead when analyzed using state and federally approved testing methodologies or have Proposition 65 warnings provided. Prym also agreed that by August 31, 2011, the tape measures must contain no more than 100 parts per million of lead when analyzed by the same testing methodologies. Should Prym eliminate the need for Proposition 65 warnings on the tape measures by May 1, 2011, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $136,000, 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.