Leeman and Held v. American Diagnostic Corporation and Hamilton Bell Co., Inc.

Posted: 08/21/2014  browse the case archive

The parties involved in the enforcement action Leeman, et al. v. American Diagnostic Corporation, et al. executed an agreement on August 21, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D. alleged that the defendants American Diagnostic Corporation and Hamilton Bell Co., Inc. (collectively “Defendants”) sold instrument pouches/cases containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.  Additionally, plaintiff Anthony E. Held, Ph.D., P.E. alleged that Defendants sold vinyl/PVC tape measures containing lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Defendants agreed not to sell any instrument pouches/cases or vinyl/PVC tape measures in California after September 30, 2014, unless the products meet the reformulation standards identified in Section 3.1.  Products already existing in inventory may be sold with Proposition 65 warnings provided.  Additionally, Defendants agreed to notify their vendors of the reformulation standards by September 30, 2014, and instruct them to provide products that comply expeditiously.  Should Defendants provide written certification by November 15, 2014, that all instrument pouches/cases and vinyl/PVC tape measures sold in California qualify as reformulated, Leeman and Held agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of 59,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to whistleblowers Leeman and Held and their counsel for their successful enforcement of this matter in the public interest.

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