Brimer v. Westrim, Inc.; Westrim Crafts; Westrim Trimming Corporation, Michaels Stores, Inc., et al.

On February 7, 2006, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Westrim, Inc.; Westrim Crafts; Westrim Trimming Corporation, Michaels Stores, Inc. This enforcement action resolved citizen enforcer Russell Brimer's allegations that the defendants Westrim, Inc., Westrim Crafts, and Westrim Trimming Corporation, (collectively "Westrim") sold certain metal scrapbooking charms that contain the heavy metal lead and/or lead compounds in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Westrim agreed not to sell the specific scrapbooking charms identified in the Consent Judgment in California after October 1, 2005, unless the scrapbooking charms have Proposition 65 warnings provided or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. Should Westrim provide written certification that it has taken all commercially reasonable efforts to reformulate the charms by October 15, 2007, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $42,250, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.