Brimer v. Kinokuniya Book Stores of America Company Limited

On September 15, 2011, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Kinokuniya Book Stores of America Company Ltd., which resolved citizen enforcer Russell Brimer's allegations that the defendant Kinokuniya Book Stores of America Company Limited ("Kinokuniya") sold decorated glassware and ceramic mugs with paint containing the heavy metal lead on the exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Kinokuniya agreed not to sell any ceramic mugs or glassware with colored artwork or designs in California after June 30, 2011, unless the mugs and glassware contain less than 1.0 microgram of lead when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. Should Kinokuniya comply with the penalty reduction requirements, implement a Purchasing Protocol for glassware, and take custody of all non-reformulated glassware remaining in California by June 20, 2011, Brimer agreed to credit a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $60,000, 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.