Leeman v. DPI, Inc.

On March 9, 2015, the parties executed an out-of-court Settlement Agreement, which resolved the allegations that whistleblower Dr. Whitney R. Leeman made against settling party DPI, Inc. (“DPI”).  In this matter, Leeman alleged that DPI sold vinyl/PVC cases for electronics 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, DPI agreed not to sell any vinyl/PVC cases for electronics in California after March 15, 2015, unless the cases contain less than 1,000 parts per million of DEHP in any accessible component when analyzed using state or federally approved testing methodologies, or have Proposition 65 warnings provided.  Should DPI provide written certification by January 1, 2016, that all vinyl/PVC cases for electronics 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 $26,500, 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.