Leeman v. Dillard’s, Inc.

The parties involved in the case Leeman v. Dillard’s, Inc. executed a Consent Judgment on May 27, 2016.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that Dillard’s, Inc. (“Dillard’s”) sold vinyl/PVC manicure cases 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 agreement, Dillard’s agreed not to sell any vinyl/PVC manicure cases in California after the San Francisco County Superior Court enters the Judgment, unless the cases contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.  Should Dillard’s provide Leeman with certification by June 15, 2016 that all vinyl/PVC manicure cases sold in California qualify as reformulated by the above standards, Leeman has agreed to waive a portion of the civil penalty that would otherwise be applied.

The Consent Judgment required settlement payments of $46,000, 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.