Leeman v. Sportsman’s Warehouse, Inc.

The parties involved in the case Leeman v. Sportsman’s Warehouse, Inc. executed a Consent Judgment on January 19, 2017.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D. alleged that Sportsman’s Warehouse, Inc. (“SWI”) sold gloves with vinyl/PVC components and vinyl/PVC safety vests containing the phthalate chemical di(2-ethylhexyl)phthalate (“DEHP”) and tent/shelter fabrics containing flame retardant chemicals tris(1,3-dichloro-2-propyl)phosphate (“TDCPP”) and tris(2-chloroethyl)phosphate (“TCEP”) in the State of California without providing the requisite health hazard warnings.  

As part of the agreement, SWI agreed not to sell any gloves with vinyl/PVC components, vinyl/PVC safety vests, and/or tent/shelter fabrics in California after the Marin County Superior Court approves the Judgment, unless the gloves and vests contain no more than 1,000 parts per million (“ppm”) of DEHP and the tent/shelter fabrics contain no more than 25 ppm of TDCPP or TCEP when analyzed using state or federally approved testing methodologies OR have Proposition 65 warnings provided.  Should SWI provide Leeman with certification by June 15, 2017 that its gloves with vinyl/PVC components, vinyl/PVC safety vests, and tent/shelter fabrics sold in California meet the above reformulation requirements, Leeman agreed to waive a portion of the civil penalty that would otherwise be required.

The Consent Judgment required settlement payments of up to $39,000, 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.