Leeman v. Bombardier Recreational Products Inc.

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 Bombardier Recreational Products Inc. (“Bombardier”).  In this matter, Leeman alleged that Bombardier sold vinyl/PVC mud jackets and mud pants containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Bombardier agreed not to sell any mud jackets or mud pants in California after June 1, 2014, unless the mud jackets and pants contain no more than 90 parts per million of lead in any accessible component when analyzed using state or federally approved testing methodologies.  Should Bombardier provide written certification by August 15, 2014, that all mud jackets and mud pants 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 $29,000, 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.