Leeman v. The Homax Group, Inc.

Citizen enforcer Whitney Leeman and settling defendant The Homax Group, Inc. (“Homax”) entered into an out-of-court Settlement Agreement on December 20, 2013, which resolved Leeman’s allegations that Homax sold vinyl/PVC caulking tools 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, Homax agreed not to sell any vinyl/PVC  caulking tools in California after December 10, 2013, unless the tools contain no more than 1,000 parts per million (0.1%) of DEHP when analyzed using state or federally approved testing methodologies.  Should Homax provide written certification that all tools meet reformulation standards by December 31, 2013, Leeman agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $33,000, 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.