Brimer v. Whole Foods Market, Inc., et al.

The San Francisco County Superior County entered a Consent Judgment in Brimer v. Whole Foods Market, Inc., et al. on December 28, 2007. In this enforcement action, citizen enforcer Russell Brimer alleged that defendants Whole Foods Market, California, Inc., Whole Foods Market, Inc., and Herman Dodge & Son, Inc. (collectively "Whole Foods") sold ceramicware and glassware intended for the consumption of food or beverages with colored artwork containing the heavy metal lead on their exterior without in the State of California providing the requisite health hazard warnings.

As part of the settlement, Whole Foods agreed not to sell any ceramicware or glassware in California after February 9, 2007, unless the glassware and ceramicware has Proposition 65 warnings provided or contains no more than .06 percent of lead by weight in the decorating materials and .02 percent of lead in the lip-and-rim area when analyzed using state or federally approved testing methodologies. Within four months of December 3, 2007, each defendant shall schedule a compliance hearing to review its reformulation efforts; should their reformulation efforts meet with court approval, Brimer agreed to waive a portion of the civil fine.

The Consent Judgment requires settlement payments of $162,500, 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.