DiPirro v. California Plastic Products, Inc., et al.

In a settlement agreement executed on March 6, 2001, Proposition 65 private enforcer and whistleblower, Michael DiPirro, and manufacturer of plant support products, California Plastic Products, Inc., agreed to terms resolving DiPirro's allegation that CPP sold plant and vine supports and glue used to mount plant and vine supports containing lead and toluene without providing the health hazard warning required by Proposition 65. Lead and toluene are each listed pursuant to Proposition 65 as a chemical known to cause reproductive harm or birth defects.

The terms of the settlement require CPP to provide health hazard warnings that reference the specific Proposition 65-listed chemical in the products health risks associated with exposures to the chemical. CPP will also make settlement payments totaling $64,000. The settlement payments provided by the agreement include a $15,000 civil penalty payment to be allocated between the California Office of Health Hazard Assessment (75%) and DiPirro (25%). CPP will also reimburse DiPirro $49,000 for the reasonable attorneys' fees and costs incurred investigating, bringing the matter to CPP's attention, litigating, and negotiating a settlement of the private enforcement action in the public interest.