DiPirro v. DAS Distributors, Inc., et al.

Posted: 05/22/2003  browse the case archive

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. DAS Distributors, Inc., et al. on May 22, 2003. The settlement resolved the allegations of citizen enforcer Michael DiPirro that defendant DAS Distributors, Inc. sold certain power tools whose customary use and application are likely to produce flames, gases or dust which may contain lead (or lead compounds), crystalline silica, arsenic and/or chromium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, DAS agreed to discontinue sales of all covered products in California, unless the products complied with the warning requirements set forth in Section 2.2 of the Consent Judgment. Pursuant to the agreement, warnings were required to be placed upon the packaging of the product, the product itself, or within the instructions for the product, however, if the warning is not placed on the product itself, the warning on the packaging shall be removable and contain instructions for the consumer to remove the warning from the packaging and reattach it to the product.

The Consent Judgment requires settlement payments of $14,000, 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.

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