Leeman v. Imperial Toy Corporation, Imperial Toy LLC, and Longs Drug Stores Corporation, et al.

Posted: 04/29/2008  browse the case archive

On April 29, 2008, the Alameda County Superior Court entered a Consent Judgment in Leeman v. Imperial Toy Corp., et al., which resolved citizen enforcer Whitney R. Leeman, Ph.D.'s allegations that the defendants Imperial Toy Corporation and Imperial Toy LLC (collectively "Imperial Toy") sold cosmetic kits containing a combination of eye shadow, blush, and/or lipstick containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Imperial Toy agreed not to sell any cosmetic kits containing a combination of eye shadow, blush, and/or lipstick in California after January 28, 2008, unless the cosmetic kits have Proposition 65 warnings provided or comply with reformulation standards. Lipsticks must contain no more than .35 parts per million of lead, while any other cosmetic items must contain no more than .5 parts per million of lead when analyzed using state or federally approved testing methodologies. All cosmetic kits sold by Imperial Toy in California after June 30, 2008, shall qualify as reformulated. Additionally, Imperial Toy agreed to recall the specific cosmetic kit (Petite Miss Makeup Set, No. 7017 (#0 76666 07017 6)) identified in the Consent Judgment.

The Consent Judgment requires settlement payments of $37,500, to be 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.

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