Brimer v. Darioush Khaledi Winery LLC, et al.

On September 20, 2007, the Napa County Superior Court entered a Consent Judgment in Brimer v. Darioush Khaledi Winery LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Darioush Khaledi Winery LLC ("Darioush"), sold wine glasses and other glassware with colored artwork containing the heavy metal lead on their exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Darioush agreed not to sell any wine glasses or other glassware in California after February 1, 2007, unless the glassware is sold or shipped with Proposition 65 warnings or contains no more than .06 percent of lead in the decorating materials and no detectable lead in the lip-and-rim area when analyzed using state or federally approved testing methodologies. All decorated glassware offered for sale by Darioush in California after March 1, 2007, shall qualify as reformulated. Should Darioush eliminate the need for Proposition 65 warnings on the glassware, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $20,000, 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.