DiPirro v. David H. Fell & Company, Inc., et al.

Citizen enforcer Michael DiPirro and settling defendant David H. Fell & Company, Inc. executed a Consent Judgment on August 28, 2001, which the Superior Court of California County of Alameda subsequently approved, resolving DiPirro's allegations that DFC sold certain solder products containing cadmium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, DFC agreed that as of September 1, 2001 it would not knowingly ship any solder products in the State of California for sale or distribution unless such products were accompanied by the appropriate Proposition 65 health hazard warning in compliance with subsection 2.1 of the agreement. Additionally, DiPirro agreed to waive a portion of the civil fine if DFC provided Proposition 65 warnings on its website and in its product catalogue for five years and reformulated its products.

The Consent Judgment required settlement payments of $94,800, divided therein between civil penalties, 75% of which were paid to California's Office of Environmental Health Hazard Assessment, and the remainder as compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.