Leeman v. Ettore Products Co.

On August 19, 2014, the parties involved in the matter between whistleblower Whitney R. Leeman, Ph.D., and settling party Ettore Products Co. (“Ettore”) executed an out-of-court Settlement Agreement.  In this case, Leeman alleged that Ettore sold vinyl/PVC long-handled 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, Ettore agreed not to sell any vinyl/PVC long-handled tool grips in California after August 15, 2014, unless the tool grips 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.  Additionally, Ettore agreed to provide its vendors with the reformulation standards by September 14, 2014, and instruct them to provide tool grips that comply with the reformulation standards expeditiously.  Should Ettore provide written certification by December 31, 2014 that all tool grips sold in California qualify as reformulated, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $47,000, 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.