Brimer v. Smith Southwestern Inc., The Marketplace By Marriott Vacation Club, Marriott's Timber Lodge, Marriott Vacation Club, et al.

Citizen enforcer Russell Brimer filed a suit against Smith Southwestern Inc., The Marketplace By Marriott Vacation Club, Marriott's Timber Lodge, and Marriott Vacation Club, which was concluded through a settlement agreement reached on March 24, 2005. The settlement agreement resolved Brimer's allegations that Smith Southwestern sold ceramic mugs and shot glasses with colored designs and/or artwork on the exterior containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Smith Southwestern agreed to reformulate the covered products so they contain less than 0.06% of cadmium or lead when analyzed using state or federally approved methodologies. Smith Southwestern also agreed to place Proposition 65 health hazard warnings on any covered products that do not meet the reformulation commitment.

The Settlement Agreement requires settlement payments of $68,000, 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.