Brimer v. Windsor Fashions, Inc.

On June 1, 2012, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Windsor Fashions, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Windsor Fashions, Inc. ("Windsor Fashions") sold belts composed of material containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Windsor Fashions agreed not to sell in the United States any belts after January 27, 2012, unless the belts contain less than 100 parts per million of lead in each accessible component when pursuant to state and federally approved testing methodologies. Windsor also agreed to place Proposition 65 warnings on the covered products it did not reformulate.

The Consent Judgment requires settlement payments of $38,750 (with the potential penalty augmentations pursuant to Section 4.2 of the Consent Judgment), 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.