Brimer v. Shun Fat Supermarket, Inc., et al.

Citizen enforcer Russell Brimer's allegations against defendants Shun Fat Supermarket, Inc. and SF Supermarket, Inc. (collectively "Shun Fat") were resolved on May 29, 2007, when the Sacramento County Superior Court entered a Consent Judgment in Brimer v. Shun Fat Supermarket, Inc., et al. In this matter, Brimer alleged that Shun Fat sold rice bowls and other ceramic containers and liquor bottles and other glassware with colored artwork containing the heavy metal lead on their exterior and/or food contact surface in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Shun Fat agreed not to sell any glassware or ceramicware in California after January 5, 2006, unless the glassware and ceramicware comply with the reformulation standards when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided. All glassware and ceramicware sold in California by Shun Fat after April 2, 2007, shall qualify as reformulated.

The Consent Judgment requires settlement payments of $55,000, to be divided therein between civil penalties, 75% of which are 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.