Brimer v. PTS International, Inc., et al.

The San Francisco Superior Court entered a Consent Judgment in the case of Brimer v. PTS International, Inc., et al., on September 16, 2005, which resolved citizen enforcer Russell Brimer's allegations that defendants PTS International, Inc., PTS America, Inc., TJX Companies, Inc., and HomeGoods, Inc. ("PTS") manufactured, distributed, and/or sold in the State of California ceramic mugs and other ceramicware intended to hold beverages with colored artwork, designs, or markings on the exterior surface with materials that contain lead and cadmium without providing the requisite health hazard warnings. The products covered in this case are defined as all ceramic mugs, other ceramic tableware, and glassware manufactured, sold, and/or distributed by PTS including, but not limited to, the items listed in Exhibit A to the Consent Judgment.

As part of the settlement, PTS agreed not to sell, ship, or cause to be shipped for sale in California any covered products unless they are reformulated pursuant to the reformulation standards listed in Section 2.3 of the consent judgment. Pursuant to Section 2.1 of the Consent Judgment, PTS also agreed to place Proposition 65 warnings on the covered products.

The Consent Judgment requires settlement payments of $19,200, 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.