Leeman v. Russ Berrie and Company, Inc., et al.

The San Francisco Superior Court entered a Consent Judgment in Leeman v. Russ Berrie and Company, Inc., et al., on October 12, 2005, which resolved citizen enforcer Whitney R. Leeman's allegations that defendant Russ Berrie and Company ("Russ Berrie") distributed and/or sold certain ceramic mugs and other ceramic tableware products with colored artwork, designs, or markings on the exterior surface containing cadmium, lead, and/or lead compounds in the State of California without providing the requisite health hazard warnings.

As part of the settlement, after June 1, 2005 Russ Berrie shall not ship, import, distribute, or offer for sale or use in California any covered product containing cadmium, lead, and/or lead compounds, or supply any covered product containing cadmium, lead, and/or lead compounds to any entity for distribution, sale, or use in California, unless the covered product bears Proposition 65 warnings in accordance with Section 2.2 of the Consent Judgment, is otherwise exempt pursuant to Section 2.1(b), or meets the reformulation standards of Section 2.3. Russ Berrie also commits to reformulation efforts in accordance with Section 2.4.

The Consent Judgment requires settlement payments of $65,000, divided therein between civil penalties, 75% of which are paid to California 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.