Brimer v. Tofasco of America, Inc.

Posted: 08/28/2012  browse the case archive

On August 28, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Tofasco of America, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Tofasco of America, Inc. ("Tofasco") sold folding chairs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Tofasco agreed not to sell any folding chairs in California after September 7, 2012, unless the folding chairs contain less than 100 parts per million ("ppm") of lead in each accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Tofasco eliminate the need for Proposition 65 warnings on folding chairs by August 28, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $36,000, 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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