Russell Brimer v. Hornby America Inc., et al.
Published: Dec. 25, 2015 | Result Date: Oct. 15, 2015 | Filing Date: Jan. 1, 1900 |Case number: CIV1502258 Settlement – $30,000
Facts
Russell Brimer sued Hornby America Inc. relating to its sale of vinyl/PVC tool grips.
Contentions
PLAINTIFF'S CONTENTIONS:
Brimer contended that Hornby violated Proposition 65 when it failed to warn their customers in California that the grips contained di(2-ethylhexyl)phthalate (DEHP).
DEFENDANT'S CONTENTIONS:
Hornby denied the allegations and contended that its products were in compliance with the law.
Result
Pursuant to the consent judgment entered into between the parties, Hornby agreed to reformulate the products to contain a maximum DEHP concentration of 0.1 percent (1,000 parts per million). It will also pay $2,500 in civil penalties, with 75 percent going to the California Office of Environmental Health Hazard Assessment and the remaining 25 percent going to Brimer. Hornby will also reimburse Brimer for his attorney fees and costs in the amount of $27,500.
Other Information
FILING DATE: June 18, 2015.
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