Brimer v. Save Mart Supermarkets, et al.

Save Mart Supermarkets (dba Save Mart and Food Maxx) 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 31, 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 Brimer’s claim that Save Mart sold a variety of glassware and ceramicware products with exterior decorations containing the Proposition 65-listed chemicals cadmium and the lead, without providing the clear and reasonable exposure warnings required by the Act. 

Under the terms of the settlement, Save Mart agreed to reformulate its products to virtually eliminate lead and cadmium from the products’ exterior decorations such that no health hazard warning is required.  The settlement requires payments of $39,000, to be divided therein between 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.