Brimer v. Regent Products Corp. and Inventory Liquidators Corp.

On August 6, 2009, citizen enforcer Russell Brimer and settling defendants Regent Products Corp. ("Regent") and Inventory Liquidators Corp. ("ILC") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Regent and ILC sold mugs with colored artwork or designs, vinyl coated tape measures, and metal zipper pulls containing the heavy metal lead and vinyl bags containing 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, Regent and ILC agreed not to manufacture any mugs with colored artwork or designs, vinyl coated tape measures, metal zipper pulls, or vinyl bags in California after August 15, 2009, unless the products comply with the reformulation standards when analyzed using state or federally approved testing methodologies or are affixed with Proposition 65 health hazard warnings. All of the mugs with colored artwork or designs, vinyl coated tape measures, metal zipper pulls, or vinyl bags sold by Regent and ILC in California after October 1, 2009, shall meet reformulation standards.

The Settlement Agreement requires settlement payments of $35,000, 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.