Leeman v. Dean Distributors, Inc.
In the enforcement action Leeman v. Dean Distributors, Inc., whistleblower Whitney Leeman, Ph.D., executed an agreement on October 3, 2014. In this matter, Leeman alleged that defendant Dean Distributors, Inc. (“Dean”) sold food extracts, flavors, and/or colorings containing 4-methylimidazole ("4-MEI") in the State of California without providing the requisite health hazard warnings.
As part of the settlement, Dean agreed not to sell the covered product in California after the San Francisco Superior Court approves the Consent Judgment, unless the product contains no more than one part per million of 4-MEI when analyzed using state or federally approved testing methodologies, or Proposition 65 warnings pursuant to Section 2.2 are provided.
The Consent Judgment requires a total settlement payment of $35,000, 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.