Brimer v. Richards Homewares, Incorporated

On September 1, 2011, citizen enforcer Russell Brimer and settling defendant Richards Homewares, Incorporated ("Richards Homewares") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Richards Homewares sold hanging storage shelves made with materials containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Richards Homewares agreed not to sell any storage shelves or organizers in California, unless the storage shelves and organizers qualify as "Lead Free" when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Richards Homewares notify all then-current retailers of storage shelves/organizers and ask them to label or return products within a year of September 1, 2011, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $38,500, 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.