Brimer v. McLaughlin Supermarket; Story Supermarket, et al.

On January 10, 2008, the Santa Clara County Superior Court entered a Consent Judgment in Brimer v. McLaughlin Supermarket; Story Supermarket, which resolved citizen enforcer Russell Brimer's allegations that defendants McLaughlin Supermarket and Story Supermarket (collectively "McLaughlin") distributed and/or sold shot glasses and other glassware and mugs and other ceramicware with colored artwork on the exterior containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, McLaughlin agreed not to sell any glassware in California after July 16, 2007, unless the glassware utilizes decorating materials that contain less than .06 percent of lead and have no detectable lead in the lip-and-rim area when analyzed using state or federally approved testing methodologies or has Proposition 65 warnings provided. McLaughlin commits that all glassware offered for sale in California after September 1, 2007, shall qualify as reformulated.

The Consent Judgment requires settlement payments of $10,000, 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.