Brimer v. Gibson Overseas, Incorporated

On August 25, 2011, citizen enforcers Russell Brimer and Whitney Leeman and settling defendant Gibson Overseas, Incorporated ("Gibson") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Gibson sold decorated glassware products in the State of California containing the heavy metal lead without providing the requisite health hazard warnings.

As part of the settlement, Gibson agreed not to sell any glassware with colored artwork or designs in California after August 31, 2011, unless the glassware contains no detectable levels of lead in the top twenty millimeters and any exterior decoration other than in the lip-and-rim area must contain no more than 90 parts per million of lead when analyzed using state or federally approved testing methodologies. Should Gibson eliminate the need for Proposition 65 warnings on the glassware by August 31, 2011, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $115,000, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblowers Leeman, Brimer, and their counsel for their successful enforcement of this matter in the public interest.