Brimer v. Eden Marketing Corporation, et al.

The enforcement action Brimer v. Eden Marketing Corporation, et al., was resolved on June 5, 2007, when the Honorable Joseph Huber entered a Consent Judgment. In this matter, citizen enforcer Russell Brimer alleged that the defendant, Eden Marketing Corporation ("Eden"), sold bowls and other glassware containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Eden agreed not to sell any glassware in California after December 22, 2006, unless the glassware provides 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.

The Consent Judgment requires settlement payments of $35,000, 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.