Brimer v. 99 Cents Only Stores, et al.

Russell Brimer and 99 Cents Only Stores, et al. executed a Consent Judgment on May 26, 2005, which was later executed by the San Francisco County Superior Court in Brimer v. 99 Cents Only Stores, et al., resolving citizen enforcer Russell Brimer's allegations that the defendant 99 Cents Only Stores sold champagne goblets and other glass and ceramic beverageware products with colored artwork, designs or markings on the exterior surface containing lead and/or cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, 99 Cents agreed to provide a warning, either at the point of sale, or as a label attached to the products, that notify California consumers of the risks of birth defects and reproductive harms associated with the exposures to lead and cadmium in the decorative materials on the exterior of the beaverageware.

The Consent Judgment requires settlement payments of $112,000, 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.