Leeman v. Midwest Products Co., Inc.

The parties involved in the enforcement action Leeman v. Midwest Products Co., Inc. executed an agreement on May 30, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant Midwest Products Co., Inc. (“Midwest”) sold tools 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, Midwest agreed not to sell any tools with vinyl/PVC grips in California after the Alameda County Superior Court approves the Consent Judgment, unless the tools contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing.  Should Midwest provide written certification that the tools qualify as reformulated or that they will no longer be sold in California by October 1, 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 $42,000, 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.