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

August 1, 2007
Lead
Consent Judgment
The Honorable Frank Roesch entered a Consent Judgment in Brimer v. Screen–It Graphics of Lawrence, Inc., et al. on August 1, 2007. In this enforcement action, citizen enforcer Russell Brimer alleged that defendants Screen–It Graphics of Lawrence, Inc. and Grandstand Sportsware and Glassware (collectively “Screen-It”) sold pilsner glasses and other...
July 25, 2007
Cadmium, Lead
Consent Judgment
The San Francisco County Superior Court entered a Consent Judgment in Leeman v. Nugget Market, Inc., et al., on July 25, 2007. In this enforcement action, citizen enforcer Whitney R. Leeman, Ph.D. alleged that defendants Nugget Market, Inc. and Stille Company (collectively "Nugget") sold glass soda bottles, oil bottles and other glassware and mugs and other...
July 18, 2007
Lead
Consent Judgment
On July 18, 2007, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. AtHome America, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant AtHome America, Inc. ("AtHome") sold wine glasses and other glassware with colored artwork containing the heavy metal lead in the State of California...
July 3, 2007
Lead
Consent Judgment
On July 3, 2007, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Busch Entertainment Corporation, et al., which resolved citizen enforcer Russell Brimer's allegations that defendants Busch Entertainment Corporation and Sea World, Inc. (collectively "Busch") sold mugs and other ceramic containers and glassware with colored...
July 2, 2007
Lead
Consent Judgment
The Honorable Patrick J. Mahoney from the San Francisco County Superior Court entered a Consent Judgment on July 2, 2007 in Brimer v. Petro Stopping Centers, LP, et al. In this matter, citizen enforcer Russell Brimer alleged that the defendant Petro Stopping Centers, LP ("Petro") sold shot glasses and other glassware with colored artwork containing the heavy...
June 27, 2007
Cadmium, Lead
Consent Judgment
Citizen enforcer Whitney R. Leeman's allegations against the defendant, Dr. Pepper Bottling Co. of West Jefferson, North Carolina, Inc. ("Dr. Pepper"), were resolved on June 27, 2007, when the Honorable Peter J. Busch granted the parties' motion to approve the Consent Judgment in the case of Leeman v. Dr. Pepper Bottling Co. of West Jefferson, North...
June 14, 2007
Lead
Consent Judgment
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...
June 5, 2007
Cadmium, Lead
Consent Judgment
On June 5, 2007, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Archie McPhee & Co., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Mark L. Pahlow dba Accoutrements (aka Archie McPhee & Co.), sold glassware with colored artwork on the exterior containing the heavy metal lead and/or cadmium in...