Leeman v. The Boden Co.

On May 29, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Whitney R. Leeman, Ph.D., made against settling party The Boden Co. (“Boden”).  In this matter, Leeman alleged that Boden sold vinyl/PVC scrubber 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, Boden agreed not to sell any scrubber grips in California after June 1, 2014, unless the scrubber grips contain no more than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies.  Should Boden provide written certification by August 15, 2014, that all scrubber grips qualify as reformulated, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $21,500, 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.