DiPirro v. Freud, Inc., et al.

The Superior Court of Alameda entered a Consent Judgment in DiPirro v. Freud, Inc., et al. (No. H217766-3) on June 21, 2001, which resolved citizen enforcer Michael DiPirro's allegation that the defendant Freud sold certain power tools whose customary use and application may produce fumes, gases or dust that contain lead, crystalline silica, arsenic and/or chromium in the State of California without providing the requisite health hazard warnings.

Pursuant to the settlement, Freud agreed to immediately begin revising its health hazard warning program. In so doing, Freud agreed to not knowingly sell products that contain, or produce fumes, gases or dust containing lead, crystalline silica, arsenic and/or chromium in California, unless the products possess a durable warning with language provided in the agreement affixed to the product itself. Freud further agreed to provide the same warning on any retail sale agreement of the products.

The Consent Judgment requires settlement payments of $12,500, 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.