Brimer v. Who's There, Inc.; OfficeMax Incorporated

Posted: 09/24/2010  browse the case archive

On September 24, 2010, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Who's There, Inc; OfficeMax Incorporated, which resolved citizen enforcer Russell Brimer's allegations that the defendants Who's There, Inc. ("Who's There") and Office Max, Inc. ("Office Max") sold color coated metal fasteners containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Who's There agreed not to sell any color coated metal fasteners in California after August 31, 2010, unless the fasteners contain less than 90 parts per million of lead content when analyzed using state or federally approved testing methodologies. Metal fasteners already existing in inventory must bear Proposition 65 warnings to be sold.

The Consent Judgment requires settlement payments of $57,000, to be 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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