Brimer v. Beverages & More, Inc., et al.

The San Francisco Superior Court entered a Consent Judgment in the case Brimer v. Beverages & More, Inc., et al., on October 6, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant Beverages & More, Inc. ("Beverages") sold certain glass sets, drinking glasses, glass soda bottles and other glassware with colored artwork, designs or markings on the exterior surface with materials that contain lead and/or lead compounds and cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Beverages agreed not to sell or offer for sale the glass sets, drinking glasses, glass soda bottles and other glassware containing lead and cadmium in the State of California unless they meet minimal safe levels of cadmium or lead, or provide clear and reasonable exposure warnings for any products manufactured that do not meet minimal safe levels of cadmium or lead.

The Consent Judgment requires settlement payments of $65,000, divided therein between civil penalties, 75% of which are paid to California 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.