DiPirro v. Fein Power Tools, Inc., et al.

Citizen enforcer Michael DiPirro's allegations against the defendant Fein Power Tools, Inc. were resolved on June 29, 2001, when the parties executed a Consent Judgment in DiPirro v. Fein Power Tools, et al. In this enforcement action, DiPirro alleged that Fein 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, Fein agreed not to sell any of the specific power tools outlined in the Consent Judgment in California after October 28, 2001, unless the tools provided Proposition 65 warnings.

The Consent Judgment required settlement payments of $21,500, to be divided therein between civil penalties, 75% of which were 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.