Decorated Glassware & Ceramicware

Decorated Glassware & Ceramicware

Many glazes found on ceramics, glassware, earthenware, bone china, and porcelain have been found to contain elevated levels of lead and cadmium, which expose consumers to potential health hazards. The risks associated with such chemicals are compounded, since many glazed ceramics and glassware products are intended to hold food and beverages. For over a decade, The Chanler Group's clients have been taking legal action against the manufacturers, distributors, and retailers of glassware and ceramic products containing detectable levels of lead and cadmium that are sold to consumers in the State of California. 

As a neurotoxin, lead is a heavy metal that, at elevated levels, has been shown to negatively affect the nervous system, and especially children's brains. Research has shown that repeated exposure to lead cumulatively affects the developing nervous system and, over time, can lead to attention deficit, learning disabilities, short-term memory loss, behavioral problems, and diminished intellectual ability.

The Chanler Group's clients have initiated actions and settled a multitude of cases involving glassware and ceramicware manufacturers, distributors, and retailers.  In these settlements, the companies involved agreed to reformulate the products to virtually eliminate lead and cadmium or to provide Proposition 65 health hazard warnings.

Cases such as Brimer v. The Boelter Companies and Leeman v. Arc International underscore The Chanler Group's clients' relentless focus on reformulating glassware and ceramic products.  In these two cases alone, The Chanler Group initiated actions against more than 250 businesses within the glassware industry.  Because of the size and sophistication of many of the settling defendants in these cases, the impact of this litigation on the ceramics and glassware industry has been far-reaching, and the public benefit has been substantial.

Glass soda bottles are another focus area for The Chanler Group's clients.  In 2001, client Dr. Whitney Leeman initiated and conducted thorough investigations for lead in glass soda bottle products manufactured and used by the largest soft drink companies, including PepsiCo, Dr. Pepper, and Coca-Cola. Following The Chanler Group's extensive investigation, it was alleged that millions of Mexican-manufactured soda bottles containing high levels of lead in the painted exterior designs, and in some cases in the beverage itself, were being sold in California. This large-scale investigation was brought to the attention of the California Attorney General, who then utilized our clients as consultants, assimilated thousands of pages of our clients' laboratory results and investigation materials, and consulted with our experts during the prosecution of these matters. Dr. Leeman's investigations resulted in the California Attorney General filing and negotiating some of the largest settlements in the history of Proposition 65. 

Because of Dr. Leeman's efforts, the soda companies agreed to reformulate the bottle decorations and, in some instances, provide warnings for entire product lines.  Considering the vast size of the consumer markets for these products, the safety and health of significant numbers of consumers were, and continue to be, better protected. 

In recent years, The Chanler Group has also investigated crystalware. Crystal, also known as leaded glass, is made by combining molten quartz with lead compounds.  Some lead may be transferred into foods or beverages served in crystalware.  Acidic foods and beverages such as pickles, fruit juices, soft drinks, wine, and port increase the amount of lead released, thereby increasing an individual's exposure to lead.  Additionally, lead may be passed from lead crystal and glazed or coated beverage containers with an exterior decorative pattern around the rim when consumers drink from them.

To review legal agreements which The Chanler Group's clients have reached with companies that sell glassware and ceramics, please see the cases below.

firm casework - enforcement

April 29, 2008
Cadmium, Lead
Consent Judgment
In the enforcement action Brimer v. Royal Doulton USA, Inc., et al., the Honorable Nancy L. Davis approved a Consent Judgment on December 20, 2007.  The Consent Judgment included an opt-in program which provided citizen enforcer Russell Brimer with the ability to send 60-Day Notices of Violation to each entity that submitted an Opt-In Stipulation.  On April 29,...
April 4, 2008
Lead
Consent Judgment
On April 4, 2008, the San Luis Obispo County Superior Court entered a Consent Judgment in Brimer v. Martin & Weyrich Winery, LLC, which resolved citizen enforcer Russell Brimer's allegations that the defendant Martin & Weyrich Winery, LLC ("Martin & Weyrich") sold wine glasses and other glass beverageware with colored artwork containing lead on...
March 27, 2008
Lead
Out-Of-Court Settlement
On March 27, 2008, citizen enforcer Russell Brimer and settling defendant Arctic Circle Enterprises, LLC (formerly Arctic Circle Enterprises, Inc.) ("Arctic") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Arctic sold beverageware with colored artwork or designs containing the heavy metal lead in the State of...
February 15, 2008
Lead
Out-Of-Court Settlement
On February 15, 2008, citizen enforcer Jamie Te'o and settling defendant Trudeau Corporation (America) Inc. ("Trudeau") entered into an out-of-court Settlement Agreement, which resolved Te'o's allegations that Trudeau sold glassware with colored artwork or designs on the exterior containing the heavy metal lead in the State of California without...
January 10, 2008
Lead
Consent Judgment
On January 10, 2008, the Santa Clara County Superior Court entered a Consent Judgment in Brimer v. McLaughlin Supermarket; Story Supermarket, which resolved citizen enforcer Russell Brimer's allegations that defendants McLaughlin Supermarket and Story Supermarket (collectively "McLaughlin") distributed and/or sold shot glasses and other glassware and mugs...
January 9, 2008
Lead
Out-Of-Court Settlement
Citizen enforcer Whitney R. Leeman, Ph.D. and settling party Turner Retail, Inc. (“Turner”) entered into an out-of-court Settlement Agreement on January 9, 2008, resolving Leeman’s allegations that Turner sold glassware and ceramicware with colored artwork containing the heavy metal lead on the exterior in the State of California without providing the...
December 28, 2007
Lead
Consent Judgment
The San Francisco County Superior County entered a Consent Judgment in Brimer v. Whole Foods Market, Inc., et al. on December 28, 2007. In this enforcement action, citizen enforcer Russell Brimer alleged that defendants Whole Foods Market, California, Inc., Whole Foods Market, Inc., and Herman Dodge & Son, Inc. (collectively "Whole Foods") sold ceramicware...
December 21, 2007
Lead
Consent Judgment
Citizen enforcer Russell Brimer's allegations against Raley's, Inc. ("Raley's") were resolved on December 21, 2007, when the Yolo County Superior Court entered a Consent Judgment in Brimer v. Raley's, Inc., et al. In this matter, Brimer alleged that Raley's sold shot glasses, mugs, and other glassware with colored artwork or designs...