Brimer v. Tablecraft Products Company, Inc.

On May 15, 2012, citizen enforcer Russell Brimer and settling defendant Tablecraft Products Company, Inc. ("Tablecraft") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Tablecraft sold kitchen tools with grips containing the heavy metal lead and/or phthalate chemical di(2-ethylhexyl)phthalate ("DEHP") in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Tablecraft agreed not to sell any kitchen tools with grips in California unless the kitchen tools contain no more than 100 parts per million of lead and less than 1,000 parts per million parts each of DEHP, di-n-butyl phthalate ("DBP"), or butyl benzyl phthalate ("BBP") when analyzed using state or federally approved testing methodologies. For all kitchen tools that it does not reformulate, Tablecraft agreed to provide clear and reasonable Proposition 65 warnings. Should Tablecraft eliminate the need for Proposition 65 warnings on the kitchen tools by December 31, 2012, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $33,500, 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.