Brimer v. Winchester Mystery House Gift Shop LLC, et al.

Winchester Mystery House Gift Shop LLC elected to address its Proposition 65 liability by opting into the terms of the Consent Judgment entered by the San Francisco Superior Court in the matter of Russell Brimer v. The Boelter Companies, et al. on June 28, 2006. In doing so, it became a member of a class of settling defendants who agreed to virtually eliminate the heavy metals lead and cadmium from their respective decorated glassware and ceramicware products manufactured, distributed, imported or sold in California. The stipulated judgment addresses Russell Brimer's claim that Winchester Mystery House distributed and/or imported certain ceramicware with exterior decorations containing the Proposition 65-listed chemicals cadmium and lead, without the clear and reasonable exposure warnings required by the Act.

Under the terms of the settlement agreement, Winchester Mystery House agreed to reformulate its products to virtually eliminate lead and cadmium from the products’ exterior decorations such that no health hazard warning is required, and to reimburse Mr. Brimer for his attorneys’ fees and costs.  As an opt-in defendant with de minimus sales, pursuant to the stipulated judgment, Winchester Mystery House paid $22,500 in civil penalties, costs and fees.   

A summary of the consolidated action and settlement can be found in Brimer v. The Boelter Companies, et al., Case No. CGC-05-440811.  Click here for the primary case record.