Leeman v. Barnett Outdoors, LLC

The parties involved in the case Leeman v. Barnett Outdoors, LLC executed a Consent Judgment on June 3, 2016.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D. alleged that Barnett Outdoors, LLC (“Barnett”) sold archery bows 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 agreement, Barnett agreed not to sell any archery bows with vinyl/PVC grips in California after the Santa Clara County Superior Court approves the Judgment, unless the bows contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Barnett provide Leeman with certification by February 15, 2017 that all archery bows with vinyl/PVC grips sold in California qualify as reformulated by the above standards, Leeman has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $39,500, 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.