Brimer v. San Mar Corporation

Posted: 11/18/2012  browse the case archive

On November 18, 2012, citizen enforcer Russell Brimer and settling defendant San Mar Corporation ("San Mar") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that San Mar sold tote bags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, San Mar agreed not to sell any tote bags in California after November 30, 2012, unless the tote bags are "Lead Free" pursuant to Section 2.2 of the Agreement. Due to San Mar's commitment to comply by 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 $43,500, 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.

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