Brimer v. True Value Company and Chardon Corp.

Posted: 09/20/2011  browse the case archive

On September 20, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. True Value Company and Chardon Corp., which resolved citizen enforcer Russell Brimer's allegations that the defendants True Value Company and Chardon Corp. ("True Value and Chardon") sold Proman Tool Flashlights containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, True Value and Chardon agreed not to sell any flashlights in California after March 31, 2011, unless each accessible component of the flashlights complies with reformulation standards when analyzed using state or federally approved testing methodologies.

The Consent Judgment requires settlement payments of $34,000, 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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