Brimer v. Martin & Weyrich Winery, LLC, et al.

On April 4, 2008, the San Luis Obispo County Superior Court entered a Consent Judgment in Brimer v. Martin & Weyrich Winery, LLC, which resolved citizen enforcer Russell Brimer's allegations that the defendant Martin & Weyrich Winery, LLC ("Martin & Weyrich") sold wine glasses and other glass beverageware with colored artwork containing lead on their exterior and crystal beverageware containing the heavy metal lead, with or without decoration, without providing the requisite health hazard warnings in the State of California.

As part of the settlement, Martin & Weyrich agreed not to sell any beverageware after October 5, 2007, unless the beverageware contains no more than .06 percent of lead by weight when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. All glass beverageware with artwork on the exterior sold by Martin & Weyrich in California after February 1, 2008, shall qualify as reformulated. Due to Martin & Weyrich's prompt cooperation, Brimer agreed to credit a portion of the civil fine. Should Martin & Weyrich eliminate the need for Proposition 65 warnings for the wine glasses, Brimer agreed to waive an additional portion of the fine.

The Consent Judgment requires settlement payments of $19,000, 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.