Leeman v. Dan-Dee International Limited, et al.

The San Francisco Superior Court entered a Consent Judgment in the case of Leeman v. Dan-Dee International Limited, et al., on July 1, 2005, which resolved citizen enforcer Whitney R. Leeman's allegations that defendant Dan-Dee International Limited ("Dan-Dee") manufactured, distributed and/or sold certain ceramicware and other tableware products with colored artwork, designs, or markings on the exterior surface containing cadmium and/or lead in the State of California without providing the requisite health hazard warnings. The products covered in this case are mugs and other ceramic products manufactured, distributed, and/or sold by Dan-Dee in California, with colored artwork, designs, or markings on the exterior surface containing cadmium and/or lead, including, but not limited to, the products identified in Exhibit A to the Consent Judgment.

As part of the settlement, after April 30, 2005, Dan-Dee shall not ship or offer to ship for sale in California any covered product containing cadmium and/or lead, unless the covered product bears Proposition 65 warnings in accordance with Section 2.2 of the Consent Judgment, is otherwise exempt pursuant to Section 2.1(b), or meets the reformulation standards of Section 2.3. Dan-Dee also commits to reformulation efforts in accordance with Section 2.4.

The Consent Judgment requires settlement payments of $75,000, divided therein between civil penalties, 75% of which are paid to California 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. A portion of that monetary compensation is allotted for the Public Health Trust to test consumer products for the presence of harmful chemicals.