Brimer v. Sun N' Sand Accessories, Inc.

On May 4, 2011, citizen enforcer Russell Brimer and settling defendant Sun N' Sand Accessories, Inc. ("Sun N' Sand"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Sun ?N' Sand sold luggage tags containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Sun ?N' Sand agreed not to sell any luggage tags in California after May 1, 2010, unless the luggage tags contain no more than 100 parts per million of lead content and no more than 1.0 microgram of lead when analyzed using state or federally approved testing methodologies. For the luggage tags distributed and/or sold before May 1, 2010 that are not reformulated, Sun ?N' Sand must provide Proposition 65 warnings or request that the retailer or distributer return the unsold products pursuant to Section 2.2 of the Settlement Agreement. Due to Sun ?N' Sand's immediate commitment to comply with these heightened standards and cooperation during the settlement process, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $23,000, 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.