DiPirro v. Century Manufacturing Co., et al.

Citizen enforcer Michael DiPirro and Century Manufacturing Co. entered into an out-of-court Settlement Agreement on June 24, 1999.  This Agreement was later brought before the San Francisco County Superior Court for approval on June 29, 1999.  The Settlement Agreement resolved DiPirro’s allegations that Cascade sold welding equipment and welding accessories, the customary use and application of which produced fumes or gases containing carbon monoxide, chromium, lead, and nickel in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Century agreed to use reasonable efforts to ensure that all products in its possession, intended for sale in California, are packaged or sold with the health hazard warning language pursuant to Section 1 of the Agreement as soon as commercially reasonable. The warning language is required to be prominent and displayed at the point of sale.  A warning placed only in the owner’s manual is not sufficient.

The Settlement Agreement requires settlement payments of $35,100, 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.