DiPirro v. Hertz Big 4 Rents, Inc., et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. Hertz Big 4 Rents, Inc., et al. on May 30, 2001. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendants Big 4 Rents, Inc., Hertz Equipment Rental Corporation, and The Hertz Corporation (hereinafter referred to collectively as the "Defendants") rented, distributed or sold welding products and power tools that contain, or whose customary use is likely to produce, fumes, gases, or exhaust which contain nickel, chromium, carbon monoxide and exhaust from diesel and gasoline engines in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Defendants agreed to not, after June 30, 2001, knowingly rent, distribute or sell in California any products that contain, or whose customary use and application produces, fumes, gases or exhaust that contain nickel, chromium, carbon monoxide and exhaust from diesel and gasoline engines, unless such products comply with the warning requirements set out in the agreement. Additionally, the agreement sets out specific procedures for warnings in consumer handouts at the time of purchase or rental, on the products themselves, on the packaging of the products and in-store sign posting.

The Consent Judgment requires settlement payments of $41,950, 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.