Brimer v. Busch Entertainment Corporation, et al.

On July 3, 2007, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Busch Entertainment Corporation, et al., which resolved citizen enforcer Russell Brimer's allegations that defendants Busch Entertainment Corporation and Sea World, Inc. (collectively "Busch") sold mugs and other ceramic containers and glassware with colored artwork containing the heavy metal lead on their exterior without providing the requisite health hazard warnings in the State of California.

As part of the settlement, Busch agreed not to sell any ceramic containers or glassware in California after June 1, 2007, unless the ceramicware and glassware is sold or shipped with Proposition 65 warnings or complies with the reformulation standards when analyzed using state or federally approved testing methodologies. Busch shall endeavor to ensure that at least 80% of the ceramicware and glassware offered for sale in California by June 1, 2008, shall qualify as reformulated. Should Busch satisfy the reformulation requirements by June 1, 2008, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $52,000, 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.