Leeman v. Bryan's Market, et al.

Posted: 04/02/2007  browse the case archive

Citizen enforcer Whitney R. Leeman, Ph.D.'s allegations against defendants Bryan's Market and Bryan's Grocery were resolved on April 2, 2007, when the San Francisco County Superior Court entered a Consent Judgment in Leeman v. Bryan's Market, et al. In this enforcement action, Leeman alleged that Terence and Peter Flannery dba Bryan's Market and Bryan's Grocery (collectively "Bryan's") sold glass soda bottles and other glassware with colored artwork containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Bryan's agreed not to sell any glass soda bottles or other glassware in California after November 30, 2006, unless the glassware has Proposition 65 warnings provided or contains no more than .06 percent of lead by weight when analyzed using state or federally approved testing methodologies.

The Consent Judgment requires settlement payments of $19,000, 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 Leeman and her counsel for their successful enforcement of this matter in the public interest.

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