Brimer v. Saks, Inc., et al.

The San Francisco County Superior Court approved and entered a Consent Judgment in Brimer v. Saks, Inc., et al., on April 26, 2005. The settlement resolved citizen enforcer Russell Brimer's allegations that defendant Saks sold stemware and other glassware with colored artwork or designs (containing lead) on the exterior and stemware and other glassware with colored artwork or designs (containing cadmium) on the exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Saks agreed not to sell any such products in California after January 31, 2005, unless such products have Proposition 65 warnings provided or are exempt from the health hazard warnings due to reformulation of the products in accordance with the standards set forth in Section 2.3 of the Consent Judgment.

The Consent Judgment required settlement payments of $65,000, divided therein between civil penalties, 75% of which were 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.