Brimer v. U.S. Tape Company, Inc.

On August 18, 2011, the Alameda County Superior Court entered a Consent Judgment in Brimer v. U.S. Tape Company, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant U.S. Tape Company, Inc. ("U.S. Tape") sold tape measures with grips containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, U.S. Tape agreed not to sell any the tape measures with grips in California after February 28, 2011, unless the tape measures contain less than 100 parts per million of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.   Should U.S. Tape eliminate the need for Proposition 65 warnings on the tape measures by June 1, 2011, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $50,000, 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.