Leeman v. Indiana Glass Company and Lancaster Colony Corporation, et al.

Posted: 05/11/2005  browse the case archive

In a May 11, 2005 settlement, Proposition 65 private enforcer, Dr. Whitney Leeman, and glassware manufacturers, Indiana Glass Company and Lancaster Colony Corporation, entered an agreement resolving pending litigation and Leeman's claim that the IGC violated Proposition 65. Leeman commenced the action on September 3, 2004, when she served IGC with a 60-day notice of violation alleging that the decorative designs on certain glassware sold by IGC contain lead and/or cadmium in amounts that require a warning under Proposition 65. Lead and cadmium are listed pursuant to Proposition 65 as a chemical that is known to cause cancer, and reproductive harm or birth defects. Leeman claims IGC and LCC violated Proposition 65 when they failed to warn consumers and other individuals in California of the health hazard risks associated with lead and/or cadmium exposures.

Under the settlement, the IGC will provide specific health hazard warning requested by Leeman for all future sales of the products, and undertake efforts to use lead-free decoration materials in 80% of its glass products within one year. The settlement provides for IGC's payment of $75,000, including $25,000 in civil penalties to be divided between California Office of Health Hazard Assessment (75%) and Leeman (25%), and $50,000 for the reasonable attorneys' fees and costs incurred by the whistleblower investigating, litigating, and negotiating a settlement of the private enforcement action in the public interest.

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