Brimer v. Wing Hop Fung Ginseng, Inc., et al.

On May 5, 2008, the Los Angeles County Superior Court entered a Consent Judgment in Brimer v. Wing Hop Fung Ginseng, Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Wing Hop Fung Ginseng, Inc. ("Wing Hop") sold ceramic containers with colored artwork on the exterior surface containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Wing Hop agreed not to sell any bowls, plates, or other ceramic containers in California after August 31, 2007, unless the ceramicware is sold with Proposition 65 warnings or contains no more than .06 percent of lead on the decorations and .02 percent of lead on the lip-and-rim area when analyzed using state or federally approved testing methodologies. By February 15, 2008, Wing Hop shall declare to Brimer whether it will be selling ceramicware after March 1, 2008. If Wing Hop seeks reformulated ceramicware from at least three different suppliers and/or manufacturers, it will be deemed to have used its best efforts to comply with the Consent Judgment. Should Wing Hop use its best efforts to reformulate the ceramicware, Brimer agreed to waive a portion of the civil fine that would otherwise be applied.

As decided by arbitration, the Consent Judgment requires settlement payments of $53,010, 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.