Brimer v. Archie McPhee & Co., et al.

On June 5, 2007, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Archie McPhee & Co., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Mark L. Pahlow dba Accoutrements (aka Archie McPhee & Co.), sold glassware with colored artwork on the exterior containing the heavy metal lead and/or cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Accoutrements agreed not to sell any glassware with colored artwork or designs on the exterior in California after December 15, 2006, unless the glassware is sold or shipped with Proposition 65 warnings or complies with the reformulation standards when analyzed using state or federally approved testing methodologies. Accoutrements commits that at least 80% of glassware sold in California by June 30, 2007, will not require Proposition 65 warnings, and further commit to undertake all commercially reasonable efforts to sell 100% reformulated glassware in California after July 1, 2008.

The Consent Judgment requires settlement payments of $20,000, 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.