Leeman v. Marianna Industries, Inc.

On June 30, 2016, citizen enforcer Whitney R. Leeman, Ph.D. and settling party Marianna Industries, Inc. (“Marianna”) entered into an out-of-court settlement agreement.  Leeman had alleged that Marianna sold vinyl/PVC hoses containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and metal hose fittings containing lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Marianna agreed not to sell any vinyl/PVC hoses or metal hose fittings in California after July 1, 2016, unless the hoses contain less than 1,000 parts per million (“ppm”) of DEHP and the metal hose fittings contain less than 90 ppm of lead by weight when analyzed using state or federally approved testing methodologies.  Products that have not been reformulated as per the above standards shall have Proposition 65 warnings provided.  Should Marianna provide Leeman with written certification by January 15, 2017 that all vinyl/PVC hoses 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 $34,000, 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.