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

June 5, 2007
Lead
Consent Judgment
The enforcement action Brimer v. Eden Marketing Corporation, et al., was resolved on June 5, 2007, when the Honorable Joseph Huber entered a Consent Judgment. In this matter, citizen enforcer Russell Brimer alleged that the defendant, Eden Marketing Corporation ("Eden"), sold bowls and other glassware containing the heavy metal lead in the State of California...
June 5, 2007
Lead
Consent Judgment
On June 5, 2007, the Alameda County Superior Court entered a Consent Judgment in Brimer v. Fuddruckers, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that defendant Fuddruckers, Inc. ("Fuddruckers") sold glass soda bottles with colored artwork on the exterior surface that contain (or could cause exposure to) the heavy metal lead...
June 1, 2007
Lead
Consent Judgment
The Honorable Paul H. Alvarado from the San Francisco County Superior Court entered a Consent Judgment in Brimer v. Konocti Harbor Resort & Spa, et al., on June 1, 2007. In this matter, citizen enforcer Russell Brimer alleged that defendant Konocti Harbor Resort & Spa ("Konocti") sold shooters and other glassware with colored artwork containing the heavy...
May 29, 2007
Lead
Consent Judgment
Citizen enforcer Russell Brimer's allegations against defendants Shun Fat Supermarket, Inc. and SF Supermarket, Inc. (collectively "Shun Fat") were resolved on May 29, 2007, when the Sacramento County Superior Court entered a Consent Judgment in Brimer v. Shun Fat Supermarket, Inc., et al. In this matter, Brimer alleged that Shun Fat sold rice bowls and...
May 24, 2007
Lead
Consent Judgment
On May 24, 2007, the San Luis Obispo County Superior Court entered a Consent Judgment in Brimer v. Apple Farm Collections-SLO, Inc., et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant, Apple Farm Collections-SLO, Inc. ("Apple Farm"), sold bowls and other ceramic containers with colored artwork on the food contact surface...
May 4, 2007
Lead
Consent Judgment
On May 4, 2007, the Los Angeles Central District County Superior Court entered a Consent Judgment in Brimer v. Bristol Farms, et al., which resolved citizen enforcer Russell Brimer's allegations that defendants Bristol Farms and New Bristol Farms, Inc. (collectively "Bristol Farms") sold glass bottles and other glassware with colored artwork containing the...
May 1, 2007
Lead
Consent Judgment
Citizen enforcer Russell Brimer resolved his allegations against defendant Mandarin Soy Sauce, Inc. ("Mandarin") on May 1, 2007, when the Honorable Peter J. Busch granted the parties' motion to approve the Consent Judgment in the case of Brimer v. Mandarin Soy Sauce, Inc., et al. In this matter, Brimer alleged that Mandarin sold glass sauce bottles with...
April 20, 2007
Lead
Out-Of-Court Settlement
Citizen enforcer Whitney R. Leeman, Ph.D. and settling party Carolina Beverage Corporation ("Carolina") entered into an out-of-court Settlement Agreement on April 20, 2007, which resolved Leeman's allegations that Carolina sold glass soda bottles containing the heavy metal lead on the exterior surface in California without providing the requisite health...