Brimer v. Tung Yung International (USA), Inc., Tung Yung International, Ltd.

On August 23, 2010, citizen enforcer Russell Brimer and settling defendants Tung Yung International (USA), Inc. and Tung Yung International, Ltd. (collectively "Tung Yung") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Tung Yung sold color coated metal fasteners and colored vinyl-coated paper fasteners containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Tung Yung agreed not to sell any color coated metal fasteners or colored vinyl-coated paper fasteners in California after September 1, 2010, unless the fasteners contain no more than 90 parts per million of lead when analyzed using state and federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $150,500, 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.