Leeman v. Independent Brewers United Corporation

Whistleblower Whitney R. Leeman’s allegations against settling party Independent Brewers United Corporation (“Brewery”) were resolved on March 13, 2013, when the parties executed an out-of-court Settlement Agreement.  Leeman alleged that Brewery sold flame-cooked ground beef containing polycyclic aromatic hydrocarbons, including benz[a]anthracene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, and indeno[1,2,3-cd]pyrene in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Brewery agreed not to sell any flame-cooked ground beef burgers in California after April 12, 2013, unless the restaurants where the ground beef is sold have Proposition 65 warnings provided as outlined in Section 2.1.  Additionally, Brewery agreed to conduct compliance reviews at least once every six months for two years, beginning on April 12, 2013.  

The Settlement Agreement requires settlement payments of $55,650, 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.