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

March 22, 2012
Lead
Out-of-Court Settlement
On or about March 22, 2012, citizen enforcer Russell Brimer and settling defendant Coastal Cocktails, Inc. ("Coastal Cocktails"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that Coastal Cocktails sold mugs with colored artwork or designs on the exterior containing the heavy metal lead in the State of California...
March 6, 2012
Lead
Out-of-Court Settlement
The dispute between citizen enforcer Russell Brimer and defendant Aramco Imports, Inc. that was originally resolved on November 20, 2009 in Brimer v. Aramco Imports, Inc., et al., was recently reviewed when Brimer alleged that Aramco had sold mugs with colored artwork that violated the terms of the Agreement.  On March 6, 2012, Brimer and Aramco entered into an out-...
January 4, 2012
Cadmium, Lead
Consent Judgment
On January 4, 2012, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. ICUP, Incorporated; et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, ICUP, Inc. ("ICUP"), sold glassware with colored artwork or designs on the exterior containing the heavy metals lead and cadmium in the State of...
December 27, 2011
Lead
Out-of-Court Settlement
On December 27, 2011, citizen enforcer Anthony E. Held, Ph.D., P.E. and settling defendant Arrow Plastic Manufacturing Co. ("Arrow") entered into an out-of-court Settlement Agreement, which resolved Held's allegations that Arrow sold glassware with colored artwork or designs on the exterior containing the heavy metal lead in the State of California without...
November 1, 2011
DEHP, Lead
Out-of-Court Settlement
On November 1, 2011, citizen enforcer Russell Brimer and settling defendant JJI International, Inc. ("JJI"), entered into an out-of-court Settlement Agreement, which resolved Brimer's allegations that JJI sold cases for mobile electronic devices and luggage tags containing the phthalate chemical di(2-ethylhexyl)phthalate ("DEHP"); ceramic mugs with...
September 15, 2011
Lead
Consent Judgment
On September 15, 2011, the Alameda County Superior Court entered a Proposition 65 Settlement and Consent Judgment in Brimer v. Giftcraft Inc., which resolved citizen enforcer Russell Brimer's allegations that the defendant Giftcraft, Inc. ("Giftcraft") sold glass rain gauges containing the heavy metal lead in the State of California without providing the...
September 15, 2011
Lead
Consent Judgment
On September 15, 2011, the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Kinokuniya Book Stores of America Company Ltd., which resolved citizen enforcer Russell Brimer's allegations that the defendant Kinokuniya Book Stores of America Company Limited ("Kinokuniya") sold decorated glassware and ceramic mugs with paint containing...
September 7, 2011
DEHP, Lead
Out-of-Court Settlement
On September 7, 2011, citizen enforcers Russell Brimer and John Moore entered into an out-of-court Settlement Agreement with settling defendant Kikkerland Design, Inc. ("Kikkerland"), which resolved Brimer's allegations that Kikkerland sold glassware with exterior decorations containing excessive amounts of the heavy metal lead in the State of California...