Leeman v. Ivy Classic Industries, Inc.

On March 25, 2014, the parties involved in the enforcement action Leeman v. Ivy Classic Industries, Inc. executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Whitney R. Leeman, Ph.D., made against settling party Ivy Classic Industries, Inc. (“Ivy Classic”).  In this matter, Leeman alleged that Ivy Classic sold tools with vinyl/PVC grips and tape measures with vinyl/PVC grips containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Ivy Classic agreed not to sell any tools or tape measures in California after March 31, 2014, unless the products contain no more than 1,000 parts per million of DEHP and no more than 100 parts per million of lead content in any accessible component when analyzed using state or federally approved testing methodologies.  Products currently existing in inventory may be sold with Proposition 65 warnings provided.  Should Ivy Classic provide written certification that it has eliminated the need for Proposition 65 warnings by February 10, 2015, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $47,000, 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.