DiPirro v. Duncan Enterprises, Inc., et al.

Citizen enforcer Michael DiPirro and Duncan Enterprises, Inc. entered into an out-of-court Settlement Agreement on December 2, 1999.  This agreement was later brought before the Alameda County Superior Court for approval on January 11, 2000.  The Settlement Agreement resolved DiPirro’s allegations that Duncan sold paint glazes containing lead and crystalline silica in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Duncan agreed to immediately 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.  Additionally, Duncan agreed that by October 15, 2000, it shall not distribute or sell any of its products in California, unless such product is accompanied by the proper health hazard warning language.  Duncan also agreed to distribute interim warning materials consistent with Section 1 of the Agreement to its ten distributors in California, which entered the stream of commerce prior to the execution of the agreement.  DiPirro agreed to waive a portion of the civil penalties to be paid by Duncan, if Duncan certified, by specific dates, that it was no longer selling products in California that contained lead. 

The Settlement Agreement requires settlement payments of $82,115 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.