Brimer v. Boston Warehouse Trading Corp.

On June 11, 2009, the Marin County Superior Court entered a Consent Judgment in Brimer v. Boston Warehouse Trading Corp., resolving citizen enforcer Russell Brimer's allegations that the defendant Boston Warehouse Trading Corp. ("Boston") sold ceramic mugs and other ceramic tableware products intended for the consumption of food or beverages with colored artwork or designs that contain the heavy metal lead and cadmium on the exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Boston agreed not to sell any ceramic mugs or other ceramic tableware with colored artwork or designs intended for the consumption of food or beverages in California after May 30, 2009, unless the mugs and tableware comply with the reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.

The Consent Judgment requires settlement payments of $52,500, 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.