Leeman and Held v. Snap-on Incorporated

The parties involved in the enforcement action Leeman, et al. v. Snap-on Incorporated executed an agreement on June 18, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant Snap-on Incorporated (“Snap-on”) sold hand tools with vinyl/PVC grips 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 Snap-on sold vinyl/PVC pouches containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Snap-on agreed not to sell the specific hand tools with vinyl/PVC grips or vinyl/PVC pouches identified in the Consent Judgment in California after the Alameda County Superior Court approves the Consent Judgment, unless the products meet the reformulation standards identified in Section 2.1 or have the Proposition 65 warnings provided pursuant to Section 2.2.  Should Snap-on provide written certification that the hand tools qualify as reformulated by August 1, 2014, Leeman agreed to waive a portion of the civil fine that would otherwise be applied.  Additionally, should Snap-on provide written certification that the vinyl/PVC pouches qualify as reformulated by September 1, 2014, the final civil penalty shall be waived in its entirety.

The Consent Judgment requires a total settlement payment of 65,500, 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.