Russell Brimer v. Omaha Distributing Co. Inc., et al.
Published: Mar. 28, 2015 | Result Date: Jan. 15, 2015 | Filing Date: Jan. 1, 1900 |Case number: RG11575578 Settlement – $68,000
Facts
Russell Brimer sued Omaha Distributing Co. Inc., regarding requirements under Proposition 65.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendant manufactured and/or sold tape measure with grips and hand straps containing lead, vinyl/PVC hand tool grips containing DEHP, and glue guns with vinyl/PVC cords and containing DEHP and lead. Lead and DEHP were chemicals known to the state to cause cancer, without the requisite warnings as required under Proposition 65.
Result
The parties reached a settlement that provided both injunctive and monetary relief. As part of the settlement, Omaha agreed to sell/distribute only reformulated products or stop selling the products in California altogether. It also agreed to pay $33,000 in civil penalties and $35,000 in reimbursements for fees and costs.
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