Brimer v. The Madden Corporation, et al.

The San Francisco Superior Court entered a Consent Judgment in the case Brimer v. The Madden Corporation, et al., on October 20, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant The Madden Corporation ("Madden") manufactured, distributed, and/or sold certain glass steins, shot glasses and other glassware and ceramicware with colored artwork, designs, or markings on the exterior surface with materials that contain lead and/or cadmium in the State of California without providing the requisite health hazard warnings. The products covered in this case are glass steins, shot glasses and other glassware and ceramicware with colored artwork, designs, or markings on the exterior surface with materials that contain lead and/or cadmium, including, but not limited to, the products identified in Exhibit A to the Consent Judgment.

As part of the settlement, after June 28, 2005, Madden shall not transmit to any entity to sell, or otherwise offer for sale in California, any covered product containing lead and/or cadmium compounds, unless the covered product bears Proposition 65 warnings in accordance with Section 2.2 of the Consent Judgment or complies with the reformulation standards of Section 2.3. Madden also commits to reformulation efforts in accordance with Section 2.4.

The Consent Judgment requires settlement payments of $38,000, 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.