Brimer v. Urban Outfitters, Inc.; et al.

Posted: 03/19/2012  browse the case archive

On March 19, 2012, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Urban Outfitters, Inc.; et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants Urban Outfitters, Inc. ("Urban") and Smartek USA, Inc. ("Smartek") sold vinyl coated tape measures containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Urban and Smartek agreed not to sell any vinyl coated tape measures in California after June 30, 2011, unless the tape measures contain no more than 100 parts per million of lead when analyzed using state or federally approved testing methodologies.

The Consent Judgment requires settlement payments of $26,000, 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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