Brimer v. Rug Doctor, Inc., et al.

On March 1, 2011, the Marin County Superior Court entered a Consent Judgment in Brimer v. Rug Doctor, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Rug Doctor, Inc. ("Rug Doctor") sold carpet cleaners and carpet cleaner hand tool attachment kits containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement agreement, Rug Doctor agreed not to sell any carpet cleaners or carpet cleaner hand tool attachment kits in California after September 1, 2010, unless the carpet cleaner products contain less than 300 parts per million of lead when analyzed using state and federally approved testing methodologies or have Proposition 65 warnings provided. By August 1, 2011, the carpet cleaner products must contain no more than 100 parts per million of lead when analyzed by the same techniques.

The Consent Judgment requires settlement payments of $24,000, 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.