Brimer v. AtHome America, Inc., et al.

On July 18, 2007, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. AtHome America, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant AtHome America, Inc. ("AtHome") sold wine glasses and other glassware with colored artwork containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, AtHome agreed not to sell any glassware with colored artwork on the exterior in California after September 30, 2006, unless the glassware has Proposition 65 warnings provided or contains no more than 0.06 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. All of the glassware sold by AtHome in California after January 1, 2007, shall qualify as reformulated. Due to AtHome's prompt cooperation, Brimer agreed to waive a portion of the civil fine. Should AtHome eliminate the need for Proposition 65 warnings for the glassware, Brimer agreed to waive an additional portion of the civil fine.

The Consent Judgment requires settlement payments of $25,500, 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.