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

December 18, 2012
Lead
Consent Judgment
On December 18, 2012, the parties involved in the case Brimer v. Smart Innovations, Inc.; et al. executed a Consent Judgment, which resolved citizen enforcer Russell Brimer’s allegations that the defendant Smart Innovations, Inc. dba Smart Planet (“Smart Innovations”) sold coffee cups with exterior designs containing the heavy metal lead in the State of...
November 15, 2012
Lead
Consent Judgment
On November 15, 2012, the Santa Clara County Superior Court entered a Consent Judgment in Brimer v. Capitol Records, LLC, which resolved citizen enforcer Russell Brimer's allegations that the defendant Capitol Records, LLC ("Capitol"), sold mugs with exterior colored artwork or designs containing the heavy metal lead in the State of California without...
November 15, 2012
DEHP, Lead
Consent Judgment
On November 15, 2012, the Santa Clara County Superior Court entered a Consent Judgment in Englander v. Accoutrements LLC, which resolved citizen enforcer Peter Englander's allegations that the defendant, Accoutrements LLC ("Accoutrements"), sold placemats, toiletry cases/bags, shower curtains, and bandages containing the phthalate chemical di(2-ethylhexyl)...
October 25, 2012
Lead
Out-of-Court Settlement
On October 25, 2012, citizen enforcer Russell Brimer and settling defendant MSRF, Inc. ("MSRF"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that MSRF sold mugs with colored artwork or designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As part...
September 19, 2012
Lead
Out-of-Court Settlement
On September 19, 2012, citizen enforcer Russell Brimer and settling defendant ModCloth, Inc. ("ModCloth"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that ModCloth sold glassware with colored artwork or designs containing the heavy metal lead on the exterior. As part of the settlement, ModCloth agreed not to sell...
August 7, 2012
Lead
Out-of-Court Settlement
On August 7, 2012, citizen enforcer Russell Brimer and settling defendant Global Amici, Inc. ("Global") entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Global sold glass cruets with exterior designs containing the heavy metal lead in the State of California without providing the requisite health hazard warnings. As...
May 22, 2012
Lead
Out-of-Court Settlement
On May 22, 2012, citizen enforcer Russell Brimer and settling defendant Jay Import Company, Inc. ("Jay Import"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Jay Import sold mugs with colored artwork or designs on the exterior containing the heavy metal lead in the State of California without providing the...
May 15, 2012
DBP, DEHP, Lead
Consent Judgment
On May 15, 2012, the San Francisco County Superior Court entered a Consent Judgment in Moore v. Brownlow Publishing Company, et al., which resolved citizen enforcer John Moore's allegations that the defendant Brownlow Publishing Company ("Brownlow") sold notepads containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP"), purses...