Brimer v. Fiesta Food Warehouse, LLC, Fiesta Mexicana Market, L.P., et al.

On June 30, 2008, the Fresno County Superior Court entered a Consent Judgment in Brimer v. Fiesta Food Warehouse; et al., which resolved citizen enforcer Russell Brimer's allegations that defendants Fiesta Food Warehouse, LLC and Fiesta Mexicana Market, L.P. (collectively "Fiesta") sold ceramic mugs and other ceramic containers with colored artwork containing the heavy metal lead on the exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Fiesta agreed not to sell any ceramic containers in California after June 15, 2008, unless the ceramic containers are sold with Proposition 65 warnings or comply with the reformulation standards identified in the Consent Judgment when analyzed using state or federally approved testing methodologies. Fiesta committed to use its best efforts to ensure that all of its mugs and ceramic containers sold in California after October 15, 2008, qualify as reformulated.

The Consent Judgment requires settlement payments of $36,000, 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.