Brimer v. Whiteside Manufacturing

Posted: 12/12/2012  browse the case archive

Citizen enforcer Russell Brimer and settling defendant Whiteside Manufacturing Company ("Whiteside") entered into an out-of-court Settlement Agreement on December 12, 2012.  In this matter, Brimer alleged that Whiteside sold coverings for seats containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Whiteside agreed not to sell any coverings for seats in California after December 15, 2012, unless the seat coverings comply with the reformulation standards set forth in Section 2.1 of the Settlement Agreement or have Proposition 65 warnings provided. Should Whiteside eliminate the need for Proposition 65 warnings on the seat coverings by June 15, 2013, Brimer agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $42,000, 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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