DiPirro v. Dynabrade, Inc., et al.

Citizen enforcer Michael DiPirro's allegations against the defendant Dynabrade, Inc. were resolved on July 13, 2001, when the parties executed a Consent Judgment in DiPirro v. Dynabrade, Inc., et al. In this enforcement action, DiPirro alleged that Dynabrade sold power tools that through customary use produce fumes that contain the heavy metal lead, crystalline silica, chromium, and arsenic in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Dynabrade agreed not to sell any of the specific power tools outlined in the Consent Judgment in California after November 9, 2001, unless the tools have Proposition 65 warnings provided.

The Consent Judgment required settlement payments of $27,500, to be divided therein between civil penalties, 75% of which are 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.