Brimer v. Smart Innovations, Inc., et al.

Posted: 12/18/2012  browse the case archive

On December 18, 2012, the parties involved in the case Brimer v. Smart Innovations, Inc.; et al. executed a Consent Judgment, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Smart Innovations, Inc. dba Smart Planet (“Smart Innovations”) sold coffee cups with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Smart Innovations agreed not to sell any coffee cups with exterior decorations in California after March 15, 2013, unless the cup sets have Proposition 65 warnings provided or contain no more than 90 parts per million of lead and no detectable lead in the lip-and-rim area when analyzed using state or federally approved testing methodologies.  Should Smart Innovations eliminate the need for Proposition 65 warnings on the cups by September 1, 2013, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment requires settlement payments of $53,000, 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.

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