Brimer v. Fuddruckers, Inc., et al.

On June 5, 2007, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Fuddruckers, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that defendant Fuddruckers, Inc. ("Fuddruckers") sold glass soda bottles with colored artwork on the exterior surface that contain (or could cause exposure to) the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Fuddruckers agreed not to sell any glass soda bottles in California after March 16, 2007, unless the soda bottles comply with reformulation standards when analyzed using state or federally approved testing methodologies. Additionally, Fuddruckers shall require its distributors to certify that the glass soda bottles have been reformulated. 100% of glass bottles offered for sale or utilized in its restaurants in California after March 30, 2007, shall qualify as reformulated. As incentive for reformulation, Brimer agreed to potential reductions in civil penalties as outlined in Section 3.1 of the Consent Judgment.

The Consent Judgment requires settlement payments of $1,690,000, 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.