Leeman v. Club Glove USA

Whistleblower Whitney R. Leeman, Ph.D and settling party Club Glove USA (“CGUSA”) entered into an out-of-court settlement agreement on June 10, 2015.  Leeman had alleged that CGUSA sold vinyl/PVC golf club head covers containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and vinyl/PVC garment bag shoulder strap pads containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, CGUSA agreed not to sell any vinyl/PVC golf club covers or vinyl/PVC garment bag shoulder strap pads in California after June 9, 2015, unless the products contain less than 1,000 parts per million (“ppm”) of DEHP and/or less than 90 ppm of lead when analyzed using state or federally approved testing methodologies.  Should CGUSA provide Leeman with written certification by July 15, 2015 that all vinyl/PVC golf club head covers and vinyl/PVC garment bag shoulder strap pads sold in California qualify as reformulated products under the agreement, Leeman agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $18,400, 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 his counsel for their successful enforcement of this matter in the public interest.