Brimer v. Berkeley Bowl Marketplace, et al.

On August 2, 2007, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Berkeley Bowl Marketplace, et al., which resolved citizen enforcer Russell Brimer's allegations that defendants Berkeley Bowl Marketplace and Berkley Bowl Produce, Inc. (collectively "Berkeley Bowl") sold glass jars and other glassware with colored artwork containing the heavy metal lead on the exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Berkeley Bowl agreed not to sell any glassware with colored artwork on the exterior in California after May 1, 2007, unless the glassware has Proposition 65 warnings 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. After January 1, 2008, all glassware sold by Berkeley Bowl in California shall qualify as reformulated.

The Consent Judgment requires settlement payments of $22,000, 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.