Leeman v. Shims Bargain, Inc., et al.

On January 13, 2009, the Contra Costa County Superior Court entered a Consent Judgment in Leeman v. Shims Bargain, Inc., which resolved citizen enforcer Whitney R. Leeman, Ph.D.'s allegations that the defendant Shims Bargain, Inc. ("Shims") sold cosmetic kits containing a combination of eyeshadow and/or blush containing the heavy metal lead on the exterior surface in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Shims agreed not to sell any cosmetic kits containing a combination of eye shadow and/or blush in California after October 31, 2008, unless the cosmetic kits contain no more than .5 parts per million of lead when analyzed using state or federally approved testing methodologies. Additionally, Shims agreed to notify its vendors to recall all cosmetic kits containing a combination of eye shadow and/or blush.

The Consent Judgment requires settlement payments of $32,000, to be 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.