Leeman v. PlanAhead, LLC

Citizen enforcer Whitney R. Leeman, Ph.D. and settling party PlanAhead, LLC (“PlanAhead”) entered into an out-of-court settlement agreement on June 29, 2015.  Leeman had alleged that PlanAhead sold vinyl/PVC organizer covers 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, PlanAhead agreed not to sell any vinyl/PVC organizer covers in California after September 1, 2015, unless the covers contain less than 1,000 parts per million of DEHP, di-n-butyl phthalate (“DBP”), butyl benzyl phthalate (“BBP”), and diisononyl phthalate (“DINP”) in each accessible component when analyzed using state or federally approved testing methodologies.  Products that do not meet these reformulation standards must bear a Proposition 65 warning pursuant to section 2.2 of the agreement.  Should PlanAhead provide Leeman with written certification by September 15, 2015 that all vinyl/PVC organizer covers 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 $72,000, 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.