Brimer v. Circle Imports, Inc.; TJX Companies, Inc.; Homegoods, Inc., et al.

On June 20, 2005, the Honorable James L. Warren granted the parties' motion to approve the Consent Judgment in the case Brimer v. Circle Imports, Inc.; TJX Companies, Inc.; Homegoods, Inc. In this matter, Russell Brimer alleged that Circle Imports, Inc. ("Circle") distributed and/or sold certain tumblers and other glassware with colored designs and/or markings on the exterior surface with materials containing lead and/or lead compounds in the State of California without providing the requisite health hazard warnings. The products covered in this case are all tumblers and other glassware with colored designs and/or markings on the exterior surface with materials containing lead and/or lead compounds, sold and/or distributed by Circle.

Per the injunctive relief, after January 31, 2005, Circle shall not sell or offer for sale in California any covered product containing lead and/or lead compounds, unless the covered product bears Proposition 65 Warnings in accordance with Section 2.2 of the Consent Judgment, is otherwise exempt pursuant to Section 2.1(B), or complies with the reformulation standards of Section 2.3. Circle agrees to use its best efforts to reformulate all of its covered products.

The monetary relief totals $70,000 in civil penalties and compensation for Brimer's counsel and investigative professionals. Following the approval of the Consent Judgment, the Office of Environmental Health Hazard Assessment received 75% of the civil penalties and 25% was remitted to Brimer.

The terms of the Consent Judgment shall remain in place indefinitely.