Brimer v. Four Star Group USA, Inc.; Four Star Group, Inc., et al.

The Marin Superior Court entered a Consent Judgment in the case Brimer v. Four Star, et al., on June 7, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendants Four Star Group USA, Inc. and Four Star Group, Inc. (collectively "Four Star") manufactured, distributed, and/or sold certain candleholders that contain lead and/or lead compounds in the State of California without providing the requisite health hazard warnings. The products covered in this case are all candleholders that contain lead and/or lead compounds including Pressed Flower Heart Candle Holders containing lead and/or lead compounds manufactured, sold, and/or distributed by Four Star, including, but not limited to the products identified in Exhibit A to the Consent Judgment.

As part of the settlement, after February 28, 2005, Four Star shall not transmit to any retailer to sell or offer for sale in California any covered product containing lead and/or lead 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 $31,000, 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.