Brimer v. Diamond Hong, Inc. and WFL, Inc., et al.

Diamond Hong, Inc. and WFL, Inc. (collectively “Diamond Hong”) elected to address their Proposition 65 liability by opting into the terms of the Consent Judgment entered by the San Francisco Superior Court in the matter of Russell Brimer v. The Boelter Companies, et al. on May 5, 2006.  In doing so, Diamond Hong became a member of a class of settling defendants who agreed to virtually eliminate the heavy metals lead and cadmium from their respective decorated glassware and ceramicware products manufactured, distributed, imported or sold in California.  The stipulated judgment addresses Russell Brimer’s claim that Diamond Hong distributed and/or imported certain glassware and ceramicware containing the Proposition 65-listed chemicals cadmium and lead, without the clear and reasonable exposure warnings required by the Act. 

Under the terms of the settlement agreement, Diamond Hong agreed to reformulate its products to virtually eliminate lead and cadmium from the products’ exterior decorations such that no health hazard warning is required and to reimburse Mr. Brimer for his attorneys’ fees and costs.   As a low-volume distributor and/or importer, Diamond Hong paid $35,000 in civil penalties, costs and fees. 

A summary of the consolidated action and settlement can be found in Brimer v. The Boelter Companies, et al., Case No. CGC-05-440811.