Leeman v. Howard Berger Co. LLC

The parties involved in the enforcement action Leeman v. Howard Berger Co. LLC executed an agreement on March 7, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant Howard Berger Co. LLC (“Howard Berger”) sold hearing protection products with vinyl/PVC ear cushions 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, Howard Berger agreed not to sell any hearing protection products with vinyl/PVC ear cushions after the Alameda County Superior Court approves the Consent Judgment, unless the cushions contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing or Proposition 65 warnings are provided.  Should Howard Berger provide written certification that the cushions qualify as reformulated by seventy-five days after the Court approves the Consent Judgment, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $43,500, 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.