Brimer v. Kohl's Corporation, et al.

The San Francisco Superior Court entered a Consent Judgment in the case of Brimer v. Kohl's Corporation, et al. on November 29, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant Kohl's Corporation ("Kohl's") manufactured, distributed, and/or sold certain glass containers intended to hold beverages with colored artwork, designs, or markings on the exterior containing cadmium and/or lead in the State of California without providing the requisite health hazard warnings. The products covered in this case are glassware products manufactured, sold, and/or distributed by Kohl's with colored artwork, designs, or markings on the exterior surface containing cadmium and/or lead, specifically listed on Exhibit A.

As part of the settlement, after August 29, 2005, Kohl's shall not sell or offer for sale in California any covered product containing cadmium and/or lead manufactured after August 29, 2005, unless Proposition 65 warnings are provided in accordance with Section 2.2, the product is exempt from warning requirements pursuant to Section 2.1(b), or the product qualifies as reformulated pursuant to Section 2.4 of the Consent Judgment. Kohl's also commits to reformulation efforts in accordance with Section 2.5.

The Consent Judgment requires settlement payments of $54,000, 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.