Brimer v. Apple Farm Collections-SLO, Inc., et al.

On May 24, 2007, the San Luis Obispo County Superior Court entered a Consent Judgment in Brimer v. Apple Farm Collections-SLO, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Apple Farm Collections-SLO, Inc. ("Apple Farm"), sold bowls and other ceramic containers with colored artwork on the food contact surface and/or the exterior containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Apple Farm agreed not to sell any ceramic containers with colored artwork or designs in California after December 1, 2006, unless the ceramic containers are sold or shipped with Proposition 65 warnings or contain no more than .06 percent of lead in the exterior and no more than .02 percent of lead in the food contact surface when analyzed using state or federally approved testing methodologies. At least 80% of bowls and ceramic containers sold by Apple Farm in California after June 1, 2007, shall qualify as reformulated. Should Apple Farm provide written certification that it complied with the reformulation requirements by February 16, 2007, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $27,000, to be 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.