Leeman v. Lenovo (United States) Inc.

Posted: 05/05/2015  browse the case archive

On May 5, 2015, Dr. Whitney R. Leeman and settling party Lenovo (United States) Inc. (“Lenovo”) entered into an out-of-court settlement agreement.  Leeman had alleged that Lenovo sold headphones with vinyl/PVC components and/or cords 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, Lenovo agreed not to sell any headphones with vinyl/PVC components and/or cords in California after August 31, 2015, unless the headphones contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies or bear a Proposition 65 warning pursuant to section 2.2 of the agreement.  Should Lenovo provide Leeman with written certification by November1, 2015 that all boat hooks with vinyl/PVC grips 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 $61,500, 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.  

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