Leeman v. Excel Hobby Blades Corp.

On October 8, 2014, the parties involved in the matter between whistleblower Whitney R. Leeman, Ph.D., and settling party Excel Hobby Blades Corp. (“Excel”) executed an out-of-court Settlement Agreement.  In this case, Leeman alleged that Excel sold tools with vinyl/PVC 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, Excel agreed not to sell any tools with vinyl/PVC grips in California after September 15, 2014, unless the grips contain no more 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 Excel provide written certification by December 1, 2014 that all tools with vinyl/PVC 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 $25,000, 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.