Brimer v. Hyler Enterprises, Inc.; The Wharf's General Store, et al.

The San Francisco County Superior Court entered a Consent Judgment in Brimer v. Hyler Enterprises, Inc. on December 20, 2006. In this matter, citizen enforcer Russell Brimer alleged that the defendant Hyler Enterprises, Inc ("Hyler") sold wine glasses and other glassware and mugs and other ceramicware with colored artwork on the exterior containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Hyler agreed not to sell any glassware or ceramicware in California after July 15, 2006, unless the glassware and ceramicware have Proposition 65 warnings provided or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. Hyler commits to ensure all glassware and ceramicware offered for sale in California after December 31, 2006, shall qualify as reformulated. Due to Hyler's prompt cooperation in the settlement process, Brimer agreed to credit a portion of the civil fine.

The Consent Judgment requires settlement payments of $10,500, 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.