Brimer v. Six Flags Theme Park, Inc., et al.

The Solano County Superior Court entered a Consent Judgment on September 27, 2007, when the Honorable Franklin R. Taft granted the parties' motion to approve the Consent Judgment in Brimer v. Six Flags Theme Park, Inc., et al. In this matter, citizen enforcer Russell Brimer alleged that defendant Six Flags Theme Park, Inc. ("Six Flags") sold glassware and/or ceramicware with colored artwork containing the heavy metal lead on the exterior in the State of California without providing the requisite health hazard warnings. Six Flags has filed cross-complaints against Stravina International Holding Company ("Stravina") and Billco International Inc. ("Billco") alleging the sale of the same glassware and ceramicware.

As part of the settlement, Six Flags agreed not to sell any glassware or ceramicware in California after March 15, 2007, unless the glassware and ceramicware has Proposition 65 warnings provided or contains no more than .06 percent of lead by weight and no detectable lead in the lip-and-rim area when analyzed using state or federally approved testing methodologies. Additionally, Stravina and Billco commit that all glassware and ceramicware offered for sale after August 1, 2007, shall qualify as reformulated.

The monetary relief totals $26,000 in civil penalties and compensation for Brimer's counsel and investigative professionals. Following the approval of the Consent Judgment, the Office of Environmental Health Hazard Assessment received 75% of the civil penalties and 25% was remitted to Brimer.