Leeman v. Hortense B. Hewitt Company, et al.

The Alameda County Superior Court entered a Consent Judgment in Leeman v. Hortense B. Hewitt Company, et al., on October 24, 2005, which resolved citizen enforcer Whitney R. Leeman's allegations that defendants Hortense B. Hewitt Company, Taylor Corporation, and Party City Corporation (collectively "Defendants") sold metal party charms that contain the heavy metal lead and/or lead compounds in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Defendants shall not sell, offer for sale, or transmit any metal party charms containing lead to any retailer for sale in California (or otherwise offer for sale in California) after July 29, 2005, unless the party charm bears Proposition 65 warnings in accordance with Section 2.2 of the Consent Judgment or meets the reformulation standards of Section 2.3. Defendants commit that all party charms manufactured and sold in California after July 29, 2005 will be reformulated. Defendants may sell current inventory party charms or components of charms possessed as of July 20, 2005 in California with the appropriate Proposition 65 warnings provided. 

The Consent Judgment requires settlement payments of $118,000, divided therein between civil penalties, 75% of which are paid to California 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.