Brimer v. Anheuser-Busch, Inc., et al.

Posted: 08/23/2007  browse the case archive

On August 23, 2007, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Anheuser-Busch, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants, Anheuser-Busch, Inc., Anheuser-Busch Gift Shop, and Promotional Products Group (collectively "Anheuser-Busch"), sold mugs, ceramic containers, and glassware with colored artwork on the exterior containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Anheuser-Busch agreed not to sell any mugs, ceramic containers, or glassware with colored artwork or designs on the exterior in California after June 1, 2007, unless the mugs, ceramic containers, and glassware are sold or shipped with Proposition 65 warnings or contain no more than .06 percent of lead in the decorating materials and no more than .02 percent of lead in the lip-and-rim area when analyzed using state or federally approved testing methodologies. Anheuser-Busch shall ensure that at least 80% of mugs, ceramic containers, and glassware sold in California after June 1, 2008 qualify as reformulated. Should Anheuser-Busch achieve that goal, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $55,000, to be divided 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.

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