DiPirro v. Florida Pneumatic Manufacturing Corporation, et al.

The Superior Court of Alameda entered a Consent Judgment in DiPirro v. Florida Pneumatic Manufacturing Corporation (No. H218173-4) on February 13, 2001, which resolved citizen enforcer Michael DiPirro's allegations that defendant Florida Pneumatic Manufacturing Corporation sold certain power tools and accessories likely to produce dust which contains lead, crystalline silica, arsenic and/or chromium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Florida Pneumatic agreed to immediately initiate efforts to revise its product packaging to include revised packaging with a clear and reasonable warning. Florida Pneumatic further agreed that as of April 2, 2001, it would not distribute or sell any products in California unless accompanied by a revised warning label as provided in the agreement.

The Consent Judgment requires settlement payments of $19,525, 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.