DiPirro v. Byron Originals, Inc., et al.

Posted: 11/20/2002  browse the case archive

A Consent Judgment in the DiPirro v. Byron Originals, Inc., et al. matter, heard in the San Francisco County Superior Court, was entered on November 20, 2002. The Consent Judgment resolved citizen enforcer Michael DiPirro's allegations that the defendant Byron Originals, Inc. sold model engine fuel containing nitromethane in the State of California without providing the requisite Proposition 65 health hazard warnings.

As part of the settlement, Byron agreed not to sell in California model engine fuel containing nitromethane unless such products contain the Proposition 65 warning labels pursuant to the Consent Judgment.

The Consent Judgment requires settlement payments of $15,346, 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.

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