DiPirro v. Illinois Tool Works, Inc., et al.

A Consent Judgment in the DiPirro v. Illinois Tool Works, Inc., et al. matter, heard in the Alameda County Superior Court, was entered on November 14, 2002. The Consent Judgment resolved citizen enforcer Michael DiPirro's allegations that the defendant Illinois Tool Works, Inc. ("Illinois") sold staining colors and fluids containing lead and lead compounds and toluene in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Illinois agreed not to sell in California staining colors and fluids containing lead and lead compounds and toluene unless such products contain Proposition 65 warning labels or are reformulated products, such that the products utilize paints containing six one-hundredths of one percent (0.06%) lead by weight or less or produce either a non-detectable test result or a test result no higher than 600 micrograms/gram of lead.

The Consent Judgment requires settlement payments of $52,000, 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.