Brimer v. STANPAC, Inc., et al.

Whistleblower Russell Brimer's enforcement action against defendant STANPAC, Inc. ("Stanpac") was resolved on October 22, 2007, when the Honorable John K. Stewart granted the parties' motion to approve the Consent Judgment in the case of Brimer v. STANPAC, Inc., et al. In this matter, Brimer alleged that Stanpac sold milk bottles and other glassware with colored artwork containing the heavy metal lead on the exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Stanpac agreed not to sell any milk bottles or other glassware in California after February 15, 2007, unless the milk bottles and glassware have Proposition 65 warnings provided or contain 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. Stanpac commits that all milk bottles and glassware offered for sale in California after June 1, 2007, shall qualify as reformulated. Due to Stanpac's prompt cooperation during the settlement process, Brimer agreed to waive a portion of the civil fine.

The Consent Judgment requires settlement payments of $105,000, 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.