Brimer v. Smith News Company, Inc. et al.

The Honorable James L. Warren of the San Francisco County Superior Court entered a Consent Judgment on December 13, 2005, in Brimer v. Smith Novelty Company, Inc.; et al., which resolved citizen enforcer Russell Brimer's allegations that the defendants, Smith News Company, Inc. dba Smith Novelty Company (collectively "Smith"), sold mugs, shot glasses, and other tableware with colored artwork containing the heavy metals lead and cadmium on their exteriors in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Smith agreed not to sell any mugs, shot glasses or other tableware in California after April 30, 2005, unless the glassware and ceramicware have Proposition 65 warnings provided or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. As incentive for reformulation, Brimer agreed to waive a portion of the civil fine should Smith provide written certification that at least 75% of the glassware and ceramicware manufactured for sale in California after October 31, 2006 qualifies as reformulated.

The Consent Judgment requires settlement payments of $190,000, 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.