Leeman v. Kerusso Activewear, Inc.

The parties involved in the enforcement action Leeman v. Kerusso Activewear, Inc. executed an agreement on September 4, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant Kerusso Activewear, Inc. (“Kerusso”) sold keycovers made with vinyl/PVC materials 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, Kerusso agreed not to sell any keycovers in California after the Contra Costa County Superior Court approves the Consent Judgment, unless the keycards contain no more than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), and butyl benzyl phthalate (“BBP”) when analyzed using state or federally approved testing methodologies.   Additionally, Kerusso agreed to provide its keycover vendors with the reformulation standards by September 4, 2014.  Should Kerusso provide written certification that the keycovers qualify as reformulated by October 15, 2014, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $48,500, 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.