Brimer v. Turn On Products Inc.

Posted: 09/20/2011  browse the case archive

On September 20, 2011, citizen enforcer Russell Brimer and settling defendant Turn On Products Inc. ("Turn On Products"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Turn On Products sold belts 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, Turn On Products agreed not to sell any belts in California after September 30, 2011, unless the belts comply with the reformulation standard set forth in Section 2.1 of the Agreement. Turn On Products committed that 100% of belts sold in California by Turn On Products after September 30, 2011, shall qualify as reformulated. Due to Turn On Products's commitment to comply by these heightened standards and cooperation throughout the settlement process, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $28,000, 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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