Leeman v. I Marketing Group, LLC

The parties involved in the enforcement action Leeman v. I Marketing Group, LLC executed an agreement on August 6, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant I Marketing Group, LLC (“I Marketing”) sold vinyl/PVC arm bands 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, I Marketing agreed not to sell any vinyl/PVC arm bands after August 10, 2014, unless the arm bands contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or Proposition 65 warnings are provided.  Arm bands already existing in inventory as of August 1, 2014, must be sold with warnings provided.  Additionally, I Marketing agreed to inform its vendors of the reformulation standards by August 10, 2014, and instruct them to provide arm bands that comply with these standards expeditiously.  Should I Marketing provide written certification by December 1, 2014, that either the arm bands sold in California qualify as reformulated or have been discontinued, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $50,000, 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.