Leeman v. Zuo Modern Contemporary Inc.

Whistleblower Dr. Whitney Leeman’s allegations against settling party Zuo Modern Contemporary Inc. (“Zuo”) were resolved through an out-of-court Settlement Agreement executed on December 16, 2014.  In this matter, Leeman alleged that Zuo sold stools 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, Zuo agreed not to sell any stools with vinyl/PVC upholstery in California after December 15, 2014, unless the stools contain less than 1,000 parts per million of DEHP when analyzed using state or federally approved testing methodologies or have Proposition 65 warnings provided.  Should Zuo provide written certification by December 15, 2014, that all stools with vinyl/PVC upholstery qualify as reformulated, Leeman agreed to waive a portion of the civil fine that would otherwise be applied. 

The Settlement Agreement requires settlement payments of $38,500, divided therein between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, and compensation to citizen enforcer Leeman and her counsel for their successful enforcement of this matter in the public interest.