Brimer v. Ace Hardware Corporation

Citizen enforcer Russell Brimer’s allegations against settling party Ace Hardware Corporation (“Ace”) were resolved on February 26, 2013, when the parties entered into an out-of-court Settlement Agreement. In this matter, Brimer alleged that Ace sold portable utility lamps containing the heavy metal lead in the State of California without providing sufficient health hazard warnings.

As part of the settlement, Ace agreed not to sell any portable utility lamps in California after March 1, 2013, unless the lamps contain no more than 100 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies or have the proper Proposition 65 warnings provided.  Should Ace eliminate the need for Proposition 65 warnings by April 1, 2013, and into the future, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.   

The Settlement Agreement requires settlement payments of $37,000, 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.