Brimer v. Drug Emporium, Inc., Big A Drug Stores, Inc., Carlton Cards Retail, Inc., American Greetings Corporation, et al.

Posted: 02/02/2006  browse the case archive

Whistleblower Russell Brimer's allegations against the defendants Carlton Cards Retail, Inc., ("CCR") and American Greetings Corporation ("AGC") were resolved on February 2, 2006, when the Honorable Henry E. Needham, Jr. entered a Consent Judgment in Brimer v. Drug Emporium, Inc.; et al. In this enforcement action, Brimer alleged that CCR and AGC sold tea light votive holders, candle holders, and mugs with colored artwork containing the heavy metal lead and/or cadmium and home decorative glass products that contain lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, CCR and AGC agreed not to sell any of the covered products in California after July 25, 2005, unless the products have Proposition 65 warnings provided or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. CCR and AGC shall undertake good faith efforts to reach 80% of more reformulated food and beverage products by December 31, 2005, and the commitment to make commercially reasonable efforts to reach 100% reformulated products.

The Consent Judgment requires settlement payments of $70,000, 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.

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