Leeman v. 31, Inc.

The parties executed an out-of-court Settlement Agreement on September 11, 2014, which resolved the allegations that whistleblower Whitney R. Leeman, Ph.D., made against settling party 31, Inc. (“31”).  In this matter, Leeman alleged that 31 sold tools with vinyl/PVC grips 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, 31 agreed not to sell any tools in California after November 27, 2014, unless the tools contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or have the requisite health hazard warnings provided.  Should 31 provide written certification that it has eliminated the need for Proposition 65 warnings by December 1, 2014, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $34,000, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Leeman and her counsel for their successful enforcement of this matter in the public interest.