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Consumer Law
Consumer Protection
Violation of Proposition 65

Russell Brimer v. Visual Land Inc.

Published: Apr. 5, 2014 | Result Date: Jan. 31, 2014 | Filing Date: Jan. 1, 1900 |

Case number: RG13675985 Settlement –  $77,500

Court

Alameda Superior


Attorneys

Plaintiff

Laralei S. Paras
(Seven Hills LLP)


Defendant

Andrew H. Do


Facts

Russell Brimer filed a representative action against Visual Land Inc. and others, alleging violation of Proposition 65.

Contentions

PLAINTIFF'S CONTENTIONS:
Brimer argued that Visual Land manufactured and distributed vinyl headphone cords containing lead, which is listed in Proposition 65 as known to cause birth defects and other reproductive harm. Brimer asserted that Visual Land failed to warn its consumers of the presence of lead, as required under Proposition 65.

Result

The parties settled. Visual Land agreed to a new reformulation standard, standard, where its products could not contain more than 90 parts per million of lead. Visual Land also agreed to pay $22,500 in civil penalties, and $55,000 for Brimer's fees and costs.

Other Information

FILING DATE: June 12, 2013.


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