Brimer v. Travel Caddy, Inc.

On July 8, 2010, citizen enforcer Russell Brimer and settling defendant Travel Caddy, Inc. ("Travel Caddy") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Travel Caddy sold luggage tags containing the heavy metal lead in the State of California without providing the health hazard warnings required by Proposition 65.

As part of the settlement, Travel Caddy agreed not to sell any luggage tags in California after July 1, 2010, unless the luggage tags contain less than 100 parts per million of lead when analyzed using state and federally approved testing methodologies or have Proposition 65 warnings provided. Should Travel Caddy eliminate the need for Proposition 65 warnings on the luggage tags by May 1, 2011, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $43,700, 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.