Leeman v. Applebee's International, Inc., et al.

Citizen enforcer Whitney R. Leeman, Ph.D.'s enforcement action against defendant Applebee's International, Inc. ("Applebee's") was resolved on December 31, 2007, when the Honorable Loren E. McMaster entered a Consent Judgment in Leeman v. Applebee's International, Inc., et al. In this matter, Leeman alleged that Applebee's sold flame-broiled hamburgers containing polycyclic aromatic hydrocarbons such as benz[a]anthracene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, and indeno[1,2,3-cd]pyrene in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Applebee's agreed not to sell any flame-broiled hamburgers in California after March 2, 2008, unless the burgers are sold in restaurants that have Proposition 65 warnings posted. Additionally, beginning on March 2, 2008, and continuing for three years thereafter, Applebee's shall perform a compliance review of company restaurants and franchises at least once a year to ensure continued compliance to the terms of the Consent Judgment.

The Consent Judgment requires settlement payments of $80,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Leeman and her counsel for their successful enforcement of this matter in the public interest.