Brimer v. Dole Plantation, et al.

On November 16, 2007, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Dole Plantation, et al., which resolved citizen enforcer Russell Brimer's allegations that defendants Castle & Cooke Properties, Inc. dba Dole Plantation, Castle & Cooke, Inc., and Dole Food Company, Inc. ("Dole") sold shot glasses and other glassware and mugs and other ceramicware 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, Dole agreed not to sell any glass or ceramic beverageware in California after December 29, 2006, unless the beverageware 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 glass and ceramic beverageware offered for sale by Dole in California after September 1, 2007, shall qualify as reformulated. Due to Dole's prompt cooperation, Brimer agreed to waive a portion of the civil fine. Should Dole eliminate the need for Proposition 65 warnings on the beverageware, Brimer agreed to credit an additional portion of the civil fine.

The Consent Judgment requires settlement payments of $19,000, 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.