Brimer v. W.W. Grainger, Inc., et al.

The Honorable Lawrence John Appel of the Alameda County Superior Court entered a Consent Judgment in Brimer v. W.W. Grainger, Inc., et al., on April 30, 2013.  This enforcement action resolved citizen enforcer Russell Brimer’s allegations that the defendant W.W. Grainger, Inc. (“W.W. Grainger”) sold hand tool grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and the heavy metal lead and PVC/vinyl rainwear containing DEHP in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, W.W. Grainger agreed not to sell any hand tool grips or vinyl/PVC rainwear in California after September 1, 2013, unless the grips and rainwear contain less than 1,000 parts per million of DEHP and less than 100 parts per million of lead in each accessible component when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Additionally, W.W. Grainger shall notify its vendors of the reformulation standards and instruct them to provide grips and rainwear products that comply expeditiously.  The settlement sum does not include additional fees incurred seeking judicial approval of the Consent Judgment.   

The Consent Judgment requires settlement payments of $400,000, 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.