DiPirro v. Enco Manufacturing, Inc., MSC Industrial Direct Co., Inc., et al.

Posted: 11/27/2000  browse the case archive

Citizen enforcer Michael DiPirro, Enco Manufacturing, Inc., and MSC Industrial Direct Co., Inc., entered into a settlement agreement on November 27, 2000, resolving citizen enforcer Michael DiPirro's allegations that Enco and MSC sold non-marring hammers and brass hammers containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement agreement, Enco and MSC agreed to immediately implement Proposition 65 health hazard warnings on their products including products already in the stream of commerce. In addition, Enco and MSC agreed to provide warnings for products that are substantially similar to the covered products.

The Consent Judgment required settlement payments of $8,000, to be 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.

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