DiPirro v. Cascade Lead Products, et al.

Posted: 08/26/1999  browse the case archive

Citizen enforcer Michael DiPirro and Cascade Lead Products entered into an out-of-court Settlement Agreement on August 9, 1999.  This agreement was later brought before the Alameda County Superior Court for approval on August 26, 1999.  The Settlement Agreement resolved DiPirro’s allegations that Cascade sold lead cames and other products containing lead in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, beginning on September 15, 1999, Cascade agreed that it will not knowingly ship (or cause to be shipped) any products containing lead for sale in California unless such products contained the health hazard warning language set out in Section 1.1 and 1.2.  The Agreement also required Cascade to send certified letters to each of its direct customers instructing to them transfer the appropriate warnings to their customers or include a provision in Cascade’s distributor agreements that covenants such distributors to not sell the products without the proper warnings. 

The Settlement Agreement requires settlement payments of $11,500, 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.

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