Brimer v. Home Depot USA, Inc., et al.

The San Francisco Superior Court entered a Consent Judgment in the case Brimer v. Home Depot USA, Inc., et al., on December 13, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendants Home Depot USA, Inc., Expo Design Center, Inc., and Evergreen Enterprises Inc. (collectively "Defendants") manufactured, distributed, and/or sold certain glassware products and ceramic products intended for the storage or consumption of food or beverages with colored artwork or designs on the exterior containing lead, and glassware and ceramic products which are not intended for the storage or consumption of food or beverages with colored artwork or designs on the exterior containing lead in the State of California without providing the requisite health hazard warnings. The products covered in this case are glassware and ceramicware food or beverage products, and glassware and ceramicware non-food or beverage products, manufactured, distributed, and/or sold by Evergreen containing lead.

As part of the settlement, after December 13, 2005, Defendants shall not manufacture, distribute, or offer for sale in California (or otherwise supply to any entity which may sell or distribute covered products containing lead in California) any covered product containing lead unless Proposition 65 warnings are given in accordance with Section 2.2 of the Consent Judgment, the product is otherwise exempt pursuant to Section 2.1B, or the product meets the reformulation standards of Section 2.3. Evergreen also commits to reformulation efforts of Section 2.4.

The Consent Judgment requires settlement payments of $105,000, 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; however, as incentive for reformulation, Brimer agreed to the potential penalty reductions pursuant to Section 3.1 of the Consent Judgment.