DiPirro v. Horizon Hobby Distributors, Inc., et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. Horizon Hobby Distributors, Inc. on December 5, 2001. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendant Horizon Hobby Distributors, Inc. sold certain fuel products containing nitromethane in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Horizon agreed to not, after November 5, 2001, knowingly distribute or sell in California any products that contain or whose customary use and application produce fumes, gases, or exhaust that contain nitromethane unless such products comply with the warning requirements set forth in Sections 2.2 and 2.3 of the Consent Judgment.

The Consent Judgment requires settlement payments of $67,700, divided 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.