DiPirro v. A.P.E. South, et al.

On April 6, 2000, citizen enforcer Michael DiPirro and settling party A.P.E. South entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that A.P.E. sold certain soldering products whose customary use and application may produce fumes or gases which contain formaldehyde, lead, and/or lead compounds in the State of California without providing the requisite health hazard warnings.

As part of the settlement, A.P.E. agreed that beginning April 15, 2000, it shall not ship (or cause to be shipped on its behalf) any such products in the State of California unless each such product contains the appropriate Proposition 65 warning statement pursuant to the paragraph "Product Labeling" in the Agreement.

The Settlement Agreement requires settlement payments of $7,500, divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.