Brimer v. Dave & Busters, Inc., et al.

The Santa Clara Superior Court entered a Consent Judgment on April 19, 2006, in Brimer v. Dave & Busters, Inc.; et al. In this matter, whistleblower Russell Brimer alleged that Dave & Busters, Inc. ("Dave and Busters") sold shot glasses and other glassware and ceramicware intended to hold food and/or beverages with colored artwork that contain the heavy metal lead and/or cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Dave & Busters agreed not to sell any glassware or ceramicware in California after June 30, 2005, unless the glassware and ceramicware have Proposition 65 warnings provided or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. Dave & Busters commits that it will only furnish and sell reformulated glassware and ceramicware after January 1, 2007.

The Consent Judgment requires settlement payments of $72,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.