Brimer v. Wells Mfg., Inc., et al.

On August 22, 2001, Proposition 65 private enforcer, Russel Brimer, and manufacturer of crystal and glassware products, Wells Mfg., Inc., agreed to settlement terms that resolve pending litigation, and Brimer's allegation that Wells violated Proposition 65 when it sold wine glasses, goblets, and other glassware with exterior decorations containing lead and cadmium in amounts that require a warning under the Act. Lead and cadmium are listed pursuant to Proposition 65 as chemicals that are known to cause cancer, or reproductive harm or birth defects.

Under the settlement, Wells will provide specific health hazard warnings for any products that contain lead or cadmium in amounts greater than the strict content limits required by the Act. In negotiating the agreement, Brimer's counsel obtained Wells' commitment to ensure that lead- and cadmium-free decoration materials are used in 80% of its glassware products within one year. The settlement also requires Wells' to make settlement payments totaling $106,700, including civil penalties divided between California Office of Health Hazard Assessment (75%) and Brimer (25%), and Wells' reimbursement of the reasonable attorneys' fees and costs incurred by the whistleblower investigating, litigating, and negotiating a settlement of the private enforcement action in the public interest.