Brimer v. Bacardi U.S.A., Inc., et al.

On March 14, 2007, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Bacardi U.S.A., Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Bacardi U.S.A., Inc. ("Bacardi"), sold glassware with exterior decorations 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, Bacardi agreed not to sell any glassware with exterior decorations in California after October 1, 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. At least 80% of glassware Bacardi offers for sale in California after February 28, 2007, shall qualify as reformulated and Bacardi will undertake commercially reasonable efforts to sell 100% reformulated glassware in California after March 1, 2007.

The Consent Judgment requires settlement payments of $90,000, 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.