Leeman v. YMF Carpets, Inc.

Posted: 10/06/2014  browse the case archive

The parties involved in the enforcement action Leeman v. YMF Carpets, Inc., et al. executed an agreement on October 6, 2014.  In this matter, citizen enforcer Whitney R. Leeman, Ph.D., alleged that the defendant YMF Carpets, Inc. (“YMF”) sold ottomans made 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, YMF agreed not to sell any ottomans with vinyl/PVC upholstery in California after September 22, 2014, unless the ottomans contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or Proposition 65 warnings are provided.  Should YMF provide written certification that the ottomans qualify as reformulated by November 15, 2014, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Consent Judgment requires a total settlement payment of $35,000, 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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