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

May 3, 2005
Lead
Consent Judgment
The Superior Court of California for the City and County of San Francisco entered a Consent Judgment on May 3, 2005 in Brimer v. Sanrio, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that defendant Sanrio sold drinking glasses and other tableware with colored artwork or designs (containing lead) on the exterior in the State of California...
April 28, 2005
Lead
Consent Judgment
The Superior Court of California for the City and County of San Francisco entered a Consent Judgment on April 28, 2005 in Leeman v. Z Gallerie, et al., which resolved citizen enforcer Dr. Whitney R. Leeman's allegations that the defendant Z Gallerie sold mugs and other tableware with colored artwork or designs (containing lead) on the exterior in the State of...
April 26, 2005
Cadmium, Lead
Consent Judgment
The San Francisco County Superior Court approved and entered a Consent Judgment in Brimer v. Saks, Inc., et al., on April 26, 2005. The settlement resolved citizen enforcer Russell Brimer's allegations that defendant Saks sold stemware and other glassware with colored artwork or designs (containing lead) on the exterior and stemware and other glassware with colored...
April 20, 2005
Lead
Consent Judgment
On April 20, 2005, the Superior Court of California for the City and County of San Francisco entered a Consent Judgment in Leeman v. Pier 1 Imports, Inc., et al., which resolved citizen enforcer Dr. Whitney R. Leeman's allegations that the defendant Pier 1 sold tumblers, stemware and other glassware with colored artwork or designs (containing lead) on the exterior in...
March 28, 2005
Cadmium, Lead
Out-Of-Court Settlement
Citizen enforcer Russell Brimer's allegations against the settling party Van Group, Inc. were resolved on March 28, 2005, when the parties entered an out-of-court settlement agreement. Brimer alleged that Van sold decorated glassware containing the heavy metals lead and cadmium in the State of California without providing the requisite health hazard warnings. As part...
March 24, 2005
Lead
Consent Judgment
Citizen enforcer Russell Brimer filed a suit against Smith Southwestern Inc., The Marketplace By Marriott Vacation Club, Marriott's Timber Lodge, and Marriott Vacation Club, which was concluded through a settlement agreement reached on March 24, 2005. The settlement agreement resolved Brimer's allegations that Smith Southwestern sold ceramic mugs and shot glasses...
March 9, 2005
Cadmium, Lead
Consent Judgment
The Superior Court of California City and County of San Francisco entered a Consent Judgment on March 9, 2005 in the matter of Leeman v. Houston Harvest Gift Products LLC, et al., which resolved citizen enforcer Dr. Whitney R. Leeman's allegations that the defendant Houston Harvest sold tableware with colored artwork or designs (containing lead) on the exterior, and...
February 28, 2005
Lead
Consent Judgment
In an agreement entered on February 28, 2005, Proposition 65 private enforcer and whistleblower, Michael DiPirro, and manufacturer of glass and ceramic tableware, Reno-Tahoe Specialty, Inc., agreed to terms resolving DiPirro's allegation made in a July 30, 2004, 60-day notice of violation of Proposition 65 DiPirro issued to RTS. The settlement also resolves litigation...