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 21, 2006
Lead
Consent Judgment
The Honorable Ronald E. Quidachay, on December 21, 2006, approved the parties' Consent Judgment in Brimer v. UncommonGoods, LLC, et al., which resolved citizen enforcer Russell Brimer's allegations that the defendant UncommonGoods, LLC, sold glassware, containers, and glass candle holders containing the heavy metal lead in the State of California without providing...
December 20, 2006
Lead
Consent Judgment
The San Francisco County Superior Court entered a Consent Judgment in Brimer v. Hyler Enterprises, Inc. on December 20, 2006. In this matter, citizen enforcer Russell Brimer alleged that the defendant Hyler Enterprises, Inc ("Hyler") sold wine glasses and other glassware and mugs and other ceramicware with colored artwork on the exterior containing the heavy...
December 13, 2006
Cadmium, Lead
Consent Judgment
The Oakland branch of the Alameda County Superior Court entered a Consent Judgment on December 13, 2006, in Brimer v. McCaulou's Department Store; Ganz, Inc. In this enforcement action, citizen enforcer Russell Brimer alleged that the defendants McCaulou's, Inc., ("McCoulou's") and Ganz, Inc. ("Ganz") sold glassware, mugs, and other...
December 12, 2006
Lead
Consent Judgment
The San Francisco County Superior court entered a Consent Judgment in Brimer v. ETS Express, Inc., et al on December 12, 2006. In this matter, citizen enforcer Russell Brimer alleged that The Vernon Company ("Vernon") sold ceramicware with colored artwork containing the heavy metal lead on the exterior in the State of California without providing the requisite...
November 15, 2006
Cadmium, Lead
Consent Judgment
On November 15, 2006, the Honorable Ronald E. Quidachay granted the parties' motion to approve the Consent Judgment in the case Brimer v. Blue Sky Brands, Inc.; The Paragon Gifts, Inc.; Bits & Pieces, Inc. In this matter, Russell Brimer alleged that Blue Sky Brands, Inc., The Paragon Gifts, Inc., and Bits and Pieces, Inc. ("Blue Sky") manufactured,...
October 19, 2006
Lead
Consent Judgment
On October 19, 2006, the San Francisco County Superior Court entered a Consent Judgment in Leeman v. Monogram International, Inc., which resolved citizen enforcer Dr. Leeman's allegations that the defendants Monogram International and United Pacific sold stained mugs and other ceramicware with artwork or designs on the exterior containing the heavy metal lead in the...
October 12, 2006
Cadmium, Lead
Consent Judgment
The Honorable Peter J. Busch entered a Consent Judgment in Brimer v. Specialty Sports Ventures, LLC, et al. on October 12, 2006. In this matter, citizen enforcer Russell Brimer alleged that the defendant, Specialty Sports Ventures, LLC dba Heavenly Sports ("SSV"), sold glassware and ceramicware with colored artwork containing the heavy metal lead and/or cadmium...
August 11, 2006
Cadmium, Lead
Consent Judgment
Spirit Products, Ltd. elected to address its Proposition 65 liability by opting into the terms of the Consent Judgment entered by the San Francisco Superior Court in the matter of Russell Brimer v. The Boelter Companies, et al. on August 11, 2006. In doing so, it became a member of a class of settling defendants who agreed to virtually eliminate the heavy metals lead and...