Leeman v. Custom Accessories, Inc.

The parties involved in the case Leeman v. Custom Accessories, Inc. executed a Consent Judgment on December 9, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D alleged that Custom Accessories, Inc. (“Custom Accessories”) sold tools with vinyl/PVC grips and tape measures with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate in the State of California without providing the requisite health hazard warnings.

As part of the agreement, Custom Accessories agreed not to sell any tools or tape measures with vinyl/PVC grips in California after the Alameda County Superior Court approves the Consent Judgment, unless the tools and tape measures contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or Proposition 65 warnings are provided.  Should Custom Accessories provide written certification that all tools and tape measures sold in California qualify as reformulated by June 1, 2015, Leeman agreed to waive a portion of the civil fine that would otherwise be applied.

The Consent Judgment required settlement payments of $40,500, 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.