Leeman v. Bad Bath & Beyond Inc., et al.

The San Francisco Superior Court entered a Consent Judgment in Leeman v. Bad Bath & Beyond Inc., et al., on June 3, 2005, which resolved citizen enforcer Whitney R. Leeman's allegations that defendant Bad Bath & Beyond Inc. ("Bed") distributed and/or sold glassware with colored designs and/or artwork on the exterior surface that contains lead and/or lead compounds in the State of California without providing the requisite health hazard warnings.

As part of the settlement, after December 31, 2004, Bed shall not sell or offer for sale any covered product containing lead and/or lead compounds, unless the covered product bears Proposition 65 warnings in accordance with Section 2.2 of the Consent Judgment, is otherwise exempt pursuant to Section 2.1(B), or complies with the reformulation standards of Section 2.3.

The Consent Judgment requires settlement payments of $72,000, divided therein between civil penalties, 75% of which are paid to California 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.