Leeman v. Fastenal Company

On July 1, 2014, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Whitney R. Leeman, Ph.D., made against settling party Fastenal Company (“Fastenal”).  In this matter, Leeman alleged that Fastenal sold tape measures with vinyl/PVC grips, tools with vinyl/PVC grips, tool bags with vinyl/PVC handles, and vinyl/PVC tape containing the heavy metal lead and/or 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, Fastenal agreed not to sell any covered products in California after July 1, 2014, unless the covered products contain no more than 100 parts per million of lead in any accessible component and no more than 0.1% DEHP when analyzed using state or federally approved testing methodologies, or unless warnings are provided.  Should Fastenal provide written certification by  September 1, 2014, that all initial noticed products qualify as reformualted, Leeman agreed to waive a portion of the civil fine that would otherwise be applied.  Additionally, should Fastenal provide written certification by January 1, 2015, that all supplemental noticed products 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 $89,000, 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.