Brimer v. Enesco Group, Inc., et al.

Posted: 11/14/2005  browse the case archive

The San Francisco Superior Court entered a Consent Judgment in the case Brimer v. Enesco Group, Inc., et al., on November 14, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant Enesco Group, Inc. ("Enesco") manufactured, sold, and/or distributed certain goblets, glass bowls, and other glassware products intended for the storage or consumption of food or beverages with colored artwork, designs, or painted or affixed markings on the exterior surface with materials containing lead and/or cadmium in the State of California without providing the requisite health hazard warnings. The products covered in this case are goblets, glass bowls, and other glassware products intended for the storage or consumption of food or beverages with colored artwork, designs, or painted or affixed markings on the exterior surface with materials containing lead and/or cadmium, manufactured, sold, and/or distributed by Enesco, including, but not limited to, the products identified in Exhibit A to the Consent Judgment.

As part of the settlement, after July 15, 2005, Enesco shall not ship to any distributor or retailer in California, or otherwise offer for sale in California, any covered product containing lead and/or cadmium compounds, unless the covered product bears Proposition 65 warnings in accordance with Section 2.2 of the Consent Judgment or complies with the reformulation standards of Section 2.3. Enesco also commits to reformulation efforts in accordance with Section 2.4.

The Consent Judgment requires settlement payments of $50,000, 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.

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