Brimer v. E & B Giftware, LLC, et al.

The San Francisco Superior Court entered a Consent Judgment in the case Brimer v. E & B Giftware, LLC, et al. on March 7, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant E & B Giftware ("E & B") distributed and/or sold certain fishing sets with sinkers that contain lead in the State of California without providing the requisite health hazard warnings. The products covered in this case are identified in Exhibit A to the Consent Judgment.

As part of the settlement, beginning on April 6, 2005, E & B agrees that any covered product sold or offered for sale in California shall be labeled with Proposition 65 warnings pursuant to Section 1 of the Consent Judgment or shall be "lead free" pursuant to Section 1 of the Consent Judgment.

The Consent Judgment requires settlement payments of $13,000, divided therein between civil penalties, 75% of which are paid to California 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. However, as incentive for reformulation, Brimer agreed to the potential penalty reductions pursuant to Section 2 of the Consent Judgment.