DiPirro v. Dixieline Lumber Company, et al.

Citizen enforcer Michael DiPirro and Dixieline Lumber Company(“Dixieline”) entered into an out-of-court Settlement Agreement on June 1, 2000.  The Settlement Agreement resolved DiPirro’s allegations that Dixieline sold lead wool and enamel products containing lead, benzene and toluene in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Dixieline agreed to, within 30 days of May 5, 2000, not sell (or cause to be sold on its behalf) any products in California unless each such product contained the proper health hazard warning language pursuant to Section 1 of the Agreement.  The Agreement specifically sets out that the warnings must either be affixed to the products or they shall appear on a placard placed within reasonable proximity to the products as they are offered for retail sale.  DiPirro agreed to waive a portion of the civil penalties to be paid by Dixieline if Dixieline certified that it had ceased to offer products for sale in California that contain lead by May 1, 2001.     

The Settlement Agreement requires settlement payments of $19,000 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.