Brimer v. ICUP, Incorporated, et al.

On January 4, 2012, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. ICUP, Incorporated; et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, ICUP, Inc. ("ICUP"), sold glassware with colored artwork or designs on the exterior containing the heavy metals lead and cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, ICUP agreed not to sell any glassware with colored artwork or designs in California after December 15, 2011, unless the glassware contains no more than 4.0 ug/ml of cadmium content and no more than .5 ug/ml of lead in the lip-and-rim area of the glassware when analyzed using state or federally approved testing methodologies. ICUP also agreed that glassware exclusive of the lip area would contain no more than 90 parts per million of lead and 200 parts per million of cadmium content when analyzed using the same testing methodologies. Brimer agreed to credit a portion of the civil penalties to ICUP due to its commitment to comply by these heightened standards.

The Consent Judgment requires settlement payments of $132,000, 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.