DiPirro v. Cal Oak Products, Inc., et al.

Posted: 07/31/2000  browse the case archive

On July 31, 2000, citizen enforcer Michael DiPirro, and settling party Cal Oak Products, Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that Cal Oak sold certain laminate and prefinished wood floor repairer that contained toluene in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Cal Oak agreed that beginning October 20, 2000, it shall not knowingly distribute or sell (or cause to be distributed or sold on its behalf) any such products for sale or use in the State of California unless each such product contains the appropriate Proposition 65 warning statement pursuant to Section 1 of the Agreement.

The Settlement Agreement requires settlement payments of $12,000, 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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