Leeman v. Horizon Global Corporation

On June 27, 2016, citizen enforcer Whitney R. Leeman, Ph.D. and settling party Horizon Global Corporation (“Horizon Global”) entered into an out-of-court settlement agreement.  Leeman had alleged that Horizon Global sold dust pans 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, Horizon Global agreed not to sell any dust pans with vinyl/PVC grips in California after June 23, 2016, unless the pas contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies, OR have Proposition 65 warnings provided.  Should Horizon Global provide Leeman with written certification by December 15, 2016 that all dust pans with vinyl/PVC grips sold in California qualify as reformulated products under the agreement, Leeman agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $40,000, 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.