Brimer v. House of Blues, et al.

The San Francisco Superior Court entered a Consent Judgment in Brimer v. House of Blues, et al., on December 14, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant HOB Entertainment ("HOB") manufactured, sold, and/or distributed certain shot glasses, mugs, and other glassware and ceramicware with colored artwork or designs on the exterior surface, which contain lead and/or cadmium, in the State of California without providing the requisite health hazard warnings. The products covered in this case are glassware and ceramicware with colored artwork or designs on the exterior which contain lead and/or cadmium, including, but not limited to, the products identified in Exhibit A to the Consent Judgment.

As part of the settlement, forty-five days after July 15, 2005, HOB shall not transmit to any retailer to sell, or otherwise offer for sale in California, any covered product containing lead and/or cadmium 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 2.4. HOB also commits to reformulation efforts of Section 2.5.

The Consent Judgment requires settlement payments of $40,000, 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.