Brimer v. World Kitchen, LLC, et al.

The Honorable Peter J. Busch entered a Consent Judgment in Brimer v. World Kitchen, LLC, et al. on June 14, 2007. In this enforcement action, citizen enforcer Russell Brimer alleged that the defendant, World Kitchen, LLC ("World Kitchen"), sold cups, coolers, and other ceramicware and glassware 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, World Kitchen agreed not to sell any cups, coolers, or other ceramicware or glassware in California after April 9, 2007, unless the ceramicware and glassware comply with the reformulation standards when analyzed using state or federally approved testing methodologies. Due to World Kitchen's prompt cooperation and commitment to reformulation, Brimer agreed to waive a portion of the civil fine that would otherwise be applied. Another portion of the civil fine is dedicated to the Cincinnati Children's Hospital Medical Center as a cy pres remedy to fund research exploring the links between low-level lead exposure and its potential adverse effects on children's intellectual abilities, behavioral problems and other developmental issues.

The Consent Judgment requires settlement payments of $126,000, 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.