Leeman v. The Danielson Company

On April 29, 2016, citizen enforcer Whitney R. Leeman, Ph.D. and settling party The Danielson Company (“Danielson”) entered into an out-of-court settlement agreement.  Leeman had alleged that Danielson sold vinyl/PVC tool 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, Danielson agreed not to sell any vinyl/PVC tool grips in California after April 29, 2016, unless the tools contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided.  Should Danielson provide Leeman with written certification by June 1, 2016 that all vinyl/PVC tool grips 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 $43,100, 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.