Brimer v. Konocti Harbor Resort & Spa, et al.

The Honorable Paul H. Alvarado from the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Konocti Harbor Resort & Spa, et al., on June 1, 2007. In this matter, citizen enforcer Russell Brimer alleged that defendant Konocti Harbor Resort & Spa ("Konocti") sold shooters and other glassware with colored artwork 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, Konocti agreed not to sell any shooters or other glassware in California after January 1, 2007, unless the glassware has Proposition 65 warnings provided or contains no more than .06 percent of lead by weight when analyzed using state or federally approved testing methodologies. All glassware offered for sale in California after April 27, 2007, shall qualify as reformulated.

The Consent Judgment requires settlement payments of $20,000, 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.