Leeman v. Rite Aid Corporation, et al.

Posted: 11/18/2004  browse the case archive

The San Francisco Superior Court of California entered a Consent Judgment on November 18, 2004 in Leeman v. Rite Aid Corporation, et al. The settlement resolved citizen enforcer Dr. Whitney R. Leeman's allegations that defendant Rite Aid sold mugs with colored artwork or designs (containing lead) on the exterior, and tableware with colored artwork or designs (containing lead) on the exterior in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Rite Aid agreed not to sell any such products in California after December 31, 2004, unless such products bear Proposition 65 warnings or are exempt from the health hazard warnings because they (i) were manufactured prior to December 31, 2004; (ii) are reformulated in accordance with the standards set forth in Section 2.3 of the Consent Judgment; or (iii) are products manufactured by any other person in the course of doing business who is subject to a final judgment addressing Proposition 65 warning obligations arising from alleged exposures to ceramic mugs and bowls with colored artwork, designs or markings on the exterior surface.

The Consent Judgment required settlement payments of $178,000, divided therein between civil penalties, 75% of which were paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower Leeman and his counsel for their successful enforcement of this matter in the public interest.

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