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

January 12, 2004
Lead
Out-Of-Court Settlement
On January 12, 2004, citizen enforcer Whitney R. Leeman, Ph.D., and settling defendant Catamount Glassware entered into an out-of-court Settlement Agreement, which resolved Leeman's allegations that Catamount sold certain glassware with colored artwork, designs, or markings containing lead (or lead compounds) in the State of California without providing the requisite...
December 21, 2001
Lead
Consent Judgment
Citizen enforcer Michael DiPirro reached a settlement agreement with Gifts.com, Inc., formerly known as Good Catalog Co., on December 21, 2001 that was later entered by the Alameda County Superior Court. This enforcement action resolved the allegations of DiPirro that defendant Gifts.com, Inc. sold certain wine glasses, decanters and other crystalware that contained lead...
November 20, 2001
Lead
Consent Judgment
In a settlement agreement reached on November 20, 2001, Proposition 65 private enforcer and whistleblower, Michael DiPirro, and distributor of glass and crystal products, Blanch Cristal, S.A., entered into a settlement resolving DiPirro's allegation that Blanch sold crystal tumblers containing lead without providing the health hazard warning required by Proposition 65...
August 22, 2001
Cadmium, Lead
Consent Judgment
On August 22, 2001, Proposition 65 private enforcer, Russel Brimer, and manufacturer of crystal and glassware products, Wells Mfg., Inc., agreed to settlement terms that resolve pending litigation, and Brimer's allegation that Wells violated Proposition 65 when it sold wine glasses, goblets, and other glassware with exterior decorations containing lead and cadmium in...
June 29, 2001
Lead
Consent Judgment
In the case DiPirro v. QVC, Inc., et al., the two parties executed a Consent Judgment on June 29, 2001, which resolved citizen enforcer Michael DiPirro's allegations that the defendant QVC Inc. ("QVC") sold glassware containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part of the settlement,...