Brimer v. Sports Warehouse

Posted: 03/19/2013  browse the case archive

The parties involved in the case Brimer v. Sports Warehouse executed a Consent Judgment on March 19, 2013, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Sports Warehouse (“Sports”) sold lead tape containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Sports agreed not to sell any tape in California after the Alameda court approves the Consent Judgment, unless the tape contains less than 100 parts per million of lead when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided.  Should Sports eliminate the need for Proposition 65 warnings for the tape by five months after the date of court approval, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $51,000, 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.   

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