DiPirro v. Cooper Industries, Inc., et al.

Citizen enforcer Michael DiPirro and settling party Cooper Industries, Inc. ("Cooper") entered into an out-of-court Settlement Agreement on April 12, 1999, resolving DiPirro's allegations that Cooper sold soldering, welding, and brazing products whose customary use produces fumes that contain chemicals such as carbon monoxide, chromium, and nickel in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Cooper agreed not to sell any soldering equipment or tools in California after June 1, 1999, unless the soldering products have Proposition 65 warnings provided as set for in the Agreement. Additionally, Cooper agreed to revise its Material Safety Data Sheets to include health hazard warnings.

The Settlement Agreement requires settlement payments of $85,000, to be 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.