Brimer v. Vandor LLC

Posted: 01/02/2013  browse the case archive

In the enforcement action Brimer v. Vandor LLC, the Alameda County Superior Court entered a Consent Judgment on January 2, 2013.  This resolved citizen enforcer Russell Brimer’s allegations that the defendant Vandor LLC (“Vandor”) sold glassware with colored artwork containing the heavy metals lead and cadmium in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Vandor agreed not to sell any glassware in California after September 1, 2012, unless the glassware contains less than 100 parts per million of lead content when analyzed using state or federally approved testing methodologies.  Prior to September 1, 2012, Vandor had already undertaken good-faith efforts to notify its customers about the alleged presence of lead in its non-reformulated products.  Due to Vandor’s cooperation throughout the settlement process and commitment to comply by these heightened standards, Brimer agreed to credit a substantial portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $39,500, 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. 

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