Plaintiff and defendants agree to tentative settlement in Proposition 65 drinkware cases
Several glass tableware manufacturers and approximately twenty retailers and importers have agreed to a settlement with the plaintiff regarding Proposition 65 allegations in California that consumers are exposed to lead from the outside surface of drinkware. In due course, the settlement will be submitted for approval to the state court and review by the Attorney General of California who has standing to object.
In addition to monetary penalties and attorneys' fees, the manufacturer defendants have agreed to reformulation requirements that are described in broad, general terms here. These requirements are to be phased in beginning when the final order is issued by the court. There is also a provision for consumer warnings; including retail, internet, catalog sales and restaurant; in which case the lead limits of the settlement are inapplicable. Each settling defendant has the ability to define which glassware and ceramic products are included within the settlement.
Lead will be measured by weight in decorating materials or using an enumerated total immersion test protocol for existing designs according to a schedule provided for in the settlement. There are special provisions for children's ware as defined in the settlement. There are also restrictions with respect to the use of lead and cadmium in the lip and rim area of drinkware (rim and top 20 mm. of drinking vessel). There are also separate requirements for ceramic mugs which are to be tested according to a specified protocol.
Contact Andrew Bopp, Public Affairs Director for the Society of Glass and Ceramic Decorators, for more details of the tentative settlement, 703-838-2810.