Brimer v. McCaulou's Department Store; Ganz, Inc., et al.

The Oakland branch of the Alameda County Superior Court entered a Consent Judgment on December 13, 2006, in Brimer v. McCaulou's Department Store; Ganz, Inc. In this enforcement action, citizen enforcer Russell Brimer alleged that the defendants McCaulou's, Inc., ("McCoulou's") and Ganz, Inc. ("Ganz") sold glassware, mugs, and other tableware with colored artwork containing the heavy metal lead and cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Ganz and McCoulou agreed not to sell any glassware, mugs, or other tableware in California after April 15, 2006, unless the products have Proposition 65 warnings or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. As incentive for reformulation, should Ganz eliminate the need for Proposition 65 warnings by January 1, 2007, Brimer agreed to credit a portion of the civil fine.

The executed consent judgment granted $63,700 in civil penalties. Following the approval of the Consent Judgment, the Office of Environmental Health Hazard Assessment received 75% of the civil penalties and 25% was remitted to Brimer.

The Consent Judgment requires settlement payments of $72,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.