Brimer v. Arctic Circle Enterprises, LLC, et al.

On March 27, 2008, citizen enforcer Russell Brimer and settling defendant Arctic Circle Enterprises, LLC (formerly Arctic Circle Enterprises, Inc.) ("Arctic") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Arctic sold beverageware with colored artwork or designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Arctic agreed not to sell any glassware or ceramicware in California after March 24, 2008, unless the glassware and ceramicware has Proposition 65 warnings provided or contains no more than 0.06 percent of lead on the decorating materials and no detectable lead on the lip-and-rim area when analyzed using state or federally approved testing methodologies. By June 15, 2008, all glassware and ceramicware sold by Arctic in California shall qualify as reformulated.

The Settlement Agreement requires settlement payments of $30,000, 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.