Leeman v. Stephen Joseph, Inc.

On May 3, 2016, citizen enforcer Whitney R. Leeman, Ph.D. and settling party Stephen Joseph, Inc. (“Stephen”) entered into an out-of-court settlement agreement.  Leeman had alleged that Stephen sold ottomans with vinyl/PVC upholstery 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, Stephen agreed not to sell any ottomans with vinyl/PVC upholstery in California after May 2, 2016, unless the upholstery contains less than 1,000 parts per million of DEHP in each accessible component when analyzed using state or federally approved testing methodologies.

The Settlement Agreement requires settlement payments of $26,000, 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 his counsel for their successful enforcement of this matter in the public interest.