DiPirro v. Campbell Hausfeld, et al.

Citizen enforcer Michael DiPirro and Campbell Hausfeld/Scott Fetzer Company entered into an out-of-court Settlement Agreement on November 2, 1999.  This agreement was later brought before the Alameda County Superior Court for approval on November 10, 1999.  The Settlement Agreement resolved DiPirro’s allegations that Campbell Hausfeld sold wires, rods, and welders, the customary use and application of which produced fumes or gases that contained carbon monoxide, chromium, lead, and nickel in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Campbell Hausfeld was required to use reasonable efforts to ensure that all products in its possession intended for distribution or sale in California are packaged or sold using the warning language provided in Section 1 of the Agreement as soon as commercially reasonable.  A warning in the owner’s manual alone was not sufficient.  The warning statement was required to be prominent and displayed at the point of sale. 

The Settlement Agreement requires settlement payments of $30,000, 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.