Leeman v. Turner Retail, Inc., et al.

Posted: 01/09/2008  browse the case archive

Citizen enforcer Whitney R. Leeman, Ph.D. and settling party Turner Retail, Inc. (“Turner”) entered into an out-of-court Settlement Agreement on January 9, 2008, resolving Leeman’s allegations that Turner sold glassware and ceramicware with colored artwork containing the heavy metal lead on the exterior in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Turner agreed not to sell any glassware and ceramicware in California unless the glassware and ceramicware have Proposition 65 warnings or contain no more than .06 percent of lead in the decorating materials and .02 percent of lead in the lip-and-rim area when analyzed using state or federally approved testing methodologies. Additionally, Turner agreed to notify its suppliers of the reformulation standards and request that they provide glassware and ceramicware that complies expeditiously. 

The Settlement Agreement requires settlement payments of $16,500, 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.

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