Dr. Leeman and CVS Pharmacy Settle P65 Case

Thanks to the tireless efforts of Dr. Whitney Leeman, frequent flyers and other travelers can rest assured that their luggage tags are virtually free of toxic chemicals as mandated under Proposition 65.  Dr. Leeman and CVS Pharmacy, Inc. have entered into a binding agreement prohibiting the sales and distribution of any luggage tags in California unless the luggage tags meet the stringent reformulation standards outlined in the Agreement.  Leeman alleged that CVS had violated Proposition 65 by selling luggage tags in California that contain the chemical di(2-ethylhexyl)phthalate (DEHP), a toxin known to the State of California to cause birth defects and other reproductive harm, without the requisite health hazard warnings.

The settlement provides up to $8,000 in civil penalties, three-quarters of which will go to the State of California for the benefit of the public health and the environment.  A portion of the penalty may be waived upon CVS providing Dr. Leeman with written certification by the beginning of November that the luggage tags are virtually free of DEHP.

For more information, please see the case summary on our website.

The Chanler Group represents citizen enforcers who, acting in the public interest, commence actions against businesses offering products for sale in California that contain chemicals known to cause cancer or reproductive harm without first providing the health hazard warning required by Proposition 65.  Citizen enforcers bringing Proposition 65 actions in the public interest may obtain a Court Judgment imposing civil penalties, an injunction requiring reformulation of products, and/or provision of health hazard warnings.  The Chanler Group has represented citizen enforcers of Proposition 65 for more than twenty years.