Brimer v. Rooster Products International, Inc.

On September 29, 2012, citizen enforcer Russell Brimer and settling defendant Rooster Products International, Inc. ("Rooster"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Rooster sold bags containing the heavy metal lead.

As part of the settlement, Rooster agreed not to sell any bags in California after December 31, 2012, unless the bags comply with reformulation standards pursuant to Section 2.1 of the Settlement Agreement. Commencing on October 18, 2012, and continuing thereafter, Rooster also agreed to provide reformulation standards as described in Section 2.1 of the Settlement Agreement to its then-current vendors of bags that will be sold or offered for sale to California consumers and to instruct each vendor to provide bags that comply with reformulation standards. Due to Rooster's commitment to comply with these heightened standards, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $40,500, 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.