DiPirro v. Dova Tech, et al.

Citizen enforcer Michael DiPirro and Dova Tech entered into an out-of-court Settlement Agreement on August 29, 1999.  This agreement was later brought before the Alameda County Superior Court for approval on September 22, 1999.  The Settlement Agreement resolved DiPirro’s allegations that Dova Tech sold welding or brazing parts and equipment which contained, or whose customary use and application produced fumes or gases which contained carbon monoxide, chromium, and nickel in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Dova Tech agreed to use reasonable efforts to ensure that all Products in its possession intended for distribution or sale in California are packaged or sold using the health hazard warning language found in Section 1 of the Agreement as soon as commercially reasonable. However, Dova Tech agreed that as of October 23, 1999, Dova Tech shall not knowingly ship to California for sale or distribution any Products unless such Product is accompanied by the appropriate warning label.  Dova Tech additionally agreed to revise its Material Safety Data Sheets to incorporate the proper warning language for distribution to its customers.

The Settlement Agreement requires settlement payments of $22,500, 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.