Brimer v. The World of 98 Cents, Inc., et al.

On December 6, 2007, the Stanislaus County Superior Court entered a Consent Judgment in Brimer v. The World of 98 Cents, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that defendant The World of 98 Cents ("98 Cents") sold oil bottles and other glass containers with colored artwork containing the heavy metal lead on their exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, 98 Cents agreed not to sell any glass containers in California after October 1, 2007 unless the glassware adhered to the reformulation standards set out in section 2.3 of the Consent Judgment when analyzed using state or federally approved testing methodologies or had Proposition 65 warnings provided. After January 1, 2008, all glassware sold by 98 Cents in California shall qualify as reformulated.

The Consent Judgment required settlement payments of $16,500, to be divided 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.