Brimer v. Progressive Balloons Inc., et al.

Posted: 12/19/2005  browse the case archive

Progressive Balloons Inc. elected to address its Proposition 65 liability by opting into the terms of the Consent Judgment entered by the San Francisco Superior Court in the matter of Russell Brimer v. The Boelter Companies, et al. on December 19, 2005.  In doing so, it became a member of a class of settling defendants who agreed to virtually eliminate the heavy metals lead and cadmium from their respective decorated glassware and ceramicware products manufactured, distributed, imported or sold in California.  The stipulated judgment addresses Russell Brimer’s claim that Progressive Balloons distributed and/or imported certain ceramicware with exterior designs containing the Proposition 65-listed chemicals cadmium and lead, without the clear and reasonable exposure warnings required by the Act. 

Under the terms of the settlement agreement, Progressive Balloons agreed to reformulate its products to virtually eliminate lead and cadmium from the products’ exterior decorations such that no health hazard warning is required and to reimburse Mr. Brimer for his attorneys’ fees and costs.  As a low-volume manufacturer, pursuant to the stipulated judgment, Progressive Balloons paid $49,000 in civil penalties, costs and fees. 

A summary of the consolidated action and settlement can be found in Brimer v. The Boelter Companies, et al., Case No. CGC-05-440811. 

Download PDF

It appears your Web browser is not configured to display PDF files. No worries, just click here to download the PDF file.