Brimer v. Giftcraft, Inc.

On September 15, 2011, the Alameda County Superior Court entered a Proposition 65 Settlement and Consent Judgment in Brimer v. Giftcraft Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Giftcraft, Inc. ("Giftcraft") sold glass rain gauges containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Giftcraft agreed not to distribute or sell in California any glass rain gauges after April 30, 2011, unless such rain gauges contain less than 1.0 microgram of lead when analyzed using state and federally approved testing methodologies and contain components that may be handled, touched, or mouthed by a consumer.

The Consent Judgment requires settlement payments of $25,000, 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.