Brimer v. Paramount Parks, Inc., et al.

The Santa Clara Superior Court entered a Consent Judgment in the case of Brimer v. Paramount Parks, Inc., et al. on October 25, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendant Paramount Parks ("Paramount") sold certain glassware with colored artwork, designs, or markings on the exterior surface with materials containing lead and/or cadmium in the State of California without providing the requisite health hazard warnings. The products covered in this case are the glassware products identified in Exhibit A to the Consent Judgment.

As part of the settlement, after May 20, 2005, Paramount shall not sell or offer for sale in California any covered product containing lead and/or cadmium, unless the covered product bears Proposition 65 warnings in accordance with Section 2.3 of the Consent Judgment or complies with the reformulation standards of Section 2.1.

The Consent Judgment requires settlement payments of $40,000, 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.