Leeman v. Sears Roebuck and Co., et al.

The San Francisco Superior Court entered a Consent Judgment in Leeman v. Sears Roebuck and Co., et al., on June 3, 2005, which resolved citizen enforcer Whitney R. Leeman's allegations that defendant Sears Roebuck and Co. ("Sears") distributed and/or sold certain tumblers, stemware, and other glassware 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, after February 5, 2005, Sears shall not sell or offer for sale in California any covered product containing lead and/or lead compounds in exterior decorations, unless the covered product bears Proposition 65 warnings in accordance with Section 2.2 of the Consent Judgment or meets the reformulation standards of Section 2.4. Sears also commits to a recall outlined in Section 2.5.

The Consent Judgment requires settlement payments of $76,800, divided therein between civil penalties, 75% of which are paid to California 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.