Leeman v. Big Lots Stores, Inc., et al.

The San Francisco Superior Court entered a Consent Judgment in the case of Leeman v. Big Lots Stores, Inc., et al., on December 15, 2005, which resolved citizen enforcer Whitney R. Leeman's allegations that defendants Big Lots Stores, Inc. and PNS Stores, Inc. (collectively "Defendants") distributed and/or sold certain glass and metal terrariums or greenhouses with materials that contain lead and/or lead compounds in the State of California without providing the requisite health hazard warnings. The products covered in this case are glass and metal terrariums manufactured, distributed, and/or sold by Defendants in California, including, but not limited to, the products contained in items listed in Exhibit A of the Consent Judgment.

As part of the settlement, after December 15, 2005, Defendants shall not transmit to any retailer to sell or otherwise offer for sale in California any covered product containing lead, unless Proposition 65 warnings are given in accordance with Section 2.2 of the Consent Judgment, the product is otherwise exempt pursuant to Section 2.1(b), or the products meet the reformulation standards of Section 2.3. Defendants also commit to reformulation efforts in accordance with Section 2.4.

The Consent Judgment requires settlement payments of $20,000, divided therein between civil penalties, 75% of which are paid to California 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.