Leeman v. TJX Companies, Inc.; Marshalls, Inc., et al.

The San Francisco County Superior Court entered a Consent Judgment on September 13, 2005, in Leeman v. TJX Companies, Inc.; et al., which resolved citizen enforcer Whitney R. Leeman, Ph.D's allegations that the defendants Marshalls, Inc., TJ Maxx, LLC, and HomeGoods, Inc. (collectively "the TJX entities") sold glass and metal candleholders and glass beverageware containing lead and cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, the TJX entities agreed not to sell any glass beverageware or glass and metal candleholders in California after September13, 2005, unless the glassware and candleholders have Proposition 65 warnings provided or comply with the reformulation standards when analyzed using state or federally approved testing methodologies. As incentive for reformulation, Leeman agreed to waive a portion of the civil fine should the TJX entities sell only reformulated glassware and candleholders in California after January 1, 2007.

The Consent Judgment requires settlement payments of $120,000, 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 Leemna and her counsel for their successful enforcement of this matter in the public interest.