DiPirro v. Avery Outdoors, Inc., et al.

On February 7, 2000, citizen enforcer Michael DiPirro, and settling party Avery Outdoors, Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that Avery sold certain sporting goods containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Avery agreed that beginning February 29, 2000, it shall not knowingly distribute or sell (or cause to be distributed or sold on its behalf) any such products in the State of California unless each such product contains the appropriate Proposition 65 warning statement pursuant to Section 1.1 of the Agreement.

The Settlement Agreement requires settlement payments of $17,500, 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.