DiPirro v. ArcOne, et al.

On March 27, 2000, citizen enforcer Michael DiPirro, and settling party ArcOne (a division of A.C.E. International Company, Inc.) entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that ArcOne sold certain welding machines, power sources, and similar products that through their normal and foreseeable use produce fumes that contain chemicals listed pursuant to Proposition 65 in the State of California without providing the requisite health hazard warnings.

As part of the settlement, ArcOne agreed that as of January 1, 2000, it shall not ship (or cause to be shipped on its behalf) any of the products for sale or use in the state of California unless each such product contains the appropriate Proposition 65 warning statement on its label, pursuant to paragraph "Product Labeling" in the Agreement.

The Settlement Agreement requires settlement payments of $4,500, 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.