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Consumer Law
Consumer Protection
Violation of Proposition 65

Russell Brimer v. Surefire LLC, et al.

Published: Jun. 25, 2016 | Result Date: May 12, 2016 | Filing Date: Jan. 1, 1900 |

Case number: 115CV281917 Settlement –  $18,000

Court

Santa Clara Superior


Attorneys

Plaintiff

Brian C. Johnson
(Tyson & Mendes LLP)


Defendant

Kurt D. Summers
(Callari & Summers)

George P. Moschopoulos
(Law Office of George P. Moschopoulos)


Facts

Russell Brimer filed a complaint against Surefire LLC under Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Defendant allegedly sold, manufactured, or otherwise made available in California ear plugs with vinyl/PVC cords that contained DEHP, a chemical known to the state to cause birth defects and other reproductive harm, without providing the requisite Prop. 65 warnings.

DEFENDANT'S CONTENTIONS:
Defendant maintained it was in compliance with all laws at all times.

Result

The parties reached a settlement providing both injunctive and monetary relief. Surefire agreed to make available only reformulated products and provide the requisite warning. Surefire also agreed to pay $18,000 in civil penalties.

Other Information

FILING DATE: June 16, 2015.


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