Leeman v. Dr. Pepper Bottling Co. of West Jefferson, North Carolina, Inc., et al.

Citizen enforcer Whitney R. Leeman's allegations against the defendant, Dr. Pepper Bottling Co. of West Jefferson, North Carolina, Inc. ("Dr. Pepper"), were resolved on June 27, 2007, when the Honorable Peter J. Busch granted the parties' motion to approve the Consent Judgment in the case of Leeman v. Dr. Pepper Bottling Co. of West Jefferson, North Carolina, Inc., et al. In this matter, Leeman alleged that Dr. Pepper sold glass soda bottles with a) artwork or designs containing lead on their exterior, b) metal crown caps containing lead, and c) liquid beverages containing lead within the bottle in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Dr. Pepper agreed not to sell any glass soda bottles in California after February 28, 2007, unless the soda bottles have Proposition 65 warnings provided or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. Additionally, Dr. Pepper shall use good faith efforts to provide Proposition 65 warnings for soda bottles sold during the two years prior to February 28, 2007. Dr. Pepper shall make a cy pres remedy to the Cincinnati Children's Environmental Health Center to further the study of low-level lead exposure and its adverse effects on children's intellectual abilities and behavioral problems.

The Consent Judgment requires settlement payments of $275,000, to be 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.