Leeman v. The Upper Deck Company

Posted: 03/23/2017  browse the case archive

The parties involved in the case Leeman v. The Upper Deck Company executed a Consent Judgment on March 23, 2017.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D. alleged that The Upper Deck Company, a Nevada Corporation (“Upper Deck”) sold vinyl/PVC portfolio covers 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 agreement, Upper Deck agreed not to sell any vinyl/PVC portfolio covers in California after the Santa Clara County Superior Court approves the Judgment, unless the covers contain no more than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies.

The Consent Judgment required settlement payments of up to $24,500, 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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