DiPirro v. Do It Best Corp., et al.

Citizen enforcer Michael DiPirro and Do It Best Corp. entered into an out-of-court Settlement Agreement on November 29, 1999.  This agreement was later brought before the Alameda County Superior Court for approval on December 2, 1999.  The Settlement Agreement resolved DiPirro’s allegations that DIB sold: (1) soldering products that contain, or whose customary use and application produces fumes or gases which contain, formaldehyde, crystalline silica, and lead; and (2) lead wool containing lead, in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, DIB agreed to cease manufacturing, selling, and/or distributing in California any such product unless the product was accompanied by a health hazard warning affixed to the product or its packaging pursuant to Section 2 of the Agreement. 

The Settlement Agreement requires settlement payments of $37,650, 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.