Brimer v. Specialty Sports Ventures, LLC dba Heavenly Sports, et al.

The Honorable Peter J. Busch entered a Consent Judgment in Brimer v. Specialty Sports Ventures, LLC, et al. on October 12, 2006. In this matter, citizen enforcer Russell Brimer alleged that the defendant, Specialty Sports Ventures, LLC dba Heavenly Sports ("SSV"), sold glassware and ceramicware with colored artwork containing the heavy metal lead and/or cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, SSV agreed not to sell any glassware or ceramicware in California after July 1, 2006, unless the glassware and ceramicware have Proposition 65 warnings provided or comply with the reformulation standard when analyzed using state or federally approved testing methodologies. SSV shall undertake good faith efforts to ensure that as much glassware and ceramicware as reasonably possible offered for sale in California after September 1, 2006, shall qualify as reformulated. SSV will undertake commercially reasonable efforts to sell 100% reformulated products in California after January 1, 2007.

The Consent Judgment requires settlement payments of $24,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Brimer and his counsel for their successful enforcement of this matter in the public interest.