Leeman v. It’s Academic of Illinois, Inc.

On August 12, 2015, citizen enforcer Whitney R. Leeman, Ph.D and settling party It’s Academic of Illinois, Inc. (“It’s Academic”) entered into an out-of-court settlement agreement.  Leeman had alleged that It’s Academic sold book covers with vinyl/PVC components 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, It’s Academic agreed not to sell any book covers with vinyl/PVC components in California after August 12, 2015, unless the book covers contain less than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), butyl benzyl phthalate (“BBP”), and diisononyl phthalate (“DINP”) when analyzed using state or federally approved testing methodologies.  It’s Academic has also agreed to notify its vendors of the above reformulation requirements and ask that they comply expeditiously.  Inventory that does not comply with the above requirements shall be sold with Proposition 65 warnings provided.  Should It’s Academic accelerate reformulation and provide Leeman with written certification by August 15, 2015 that all book covers with vinyl/PVC components sold in California qualify as reformulated products under the agreement, Leeman agreed to waive a portion of the civil penalty that would otherwise be applied.

The Settlement Agreement requires settlement payments of $32,000, 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.