Leeman v. Texas Turkeys, Inc. d/b/a Armadillo Willy's, et al.

On February 29, 2008, citizen enforcer Whitney R. Leeman, Ph.D. and settling defendant Texas Turkeys, Inc. doing business as Armadillo Willy’s (“Texas Turkeys”) entered into an out-of-court Settlement Agreement, which resolved Leeman’s allegations that Texas Turkeys sold certain flame-broiled hamburgers including, but not limited to, the Hickory Cheeseburger and the Texas Burger, containing the chemicals benz[a]anthracene, benzo[a]pyrene, benzo[b]fluoranthene, benzo[k]fluoranthene, and indeno[1,2,3-cd]pyrene in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Texas Turkeys agreed not to sell any flame-broiled hamburgers in California unless there are Proposition 65 warnings posted in all Texas Turkeys restaurants owned and operated in California.  The signs must be conspicuously placed as compared with other words, statements, designs, or devices so as to render it likely to be read and understood by an ordinary individual under customary conditions.  Additionally, Texas Turkeys also agreed to perform a compliance review of all of its California restaurants at least twice in the next year.

The Settlement Agreement requires settlement payments of $37,344.48, 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.