DiPirro v. Indium Corporation of America, et al.

Michael DiPirro and Indium Corporation of America entered into a settlement agreement on September 30, 1999, which resolved citizen enforcer Michael DiPirro's allegations that Indium manufactured, distributed, or sold welding, brazing, and soldering products containing cadmium in the State of California without providing the requisite health hazard warnings.

Pursuant to the terms of the parties' settlement, beginning on September 1, 1999, Indium was required to implement and provide specific and prominent health hazard warnings for the products that it shipped to California for sale. Indium also agreed to revise the "Health Hazard" section of its Material Safety Data Sheets to contain the Proposition 65 warning information for the products covered under the settlement.

The settlement requires settlement payments of $1,750 as compensation to whistleblower Michael DiPirro and his counsel for their successful enforcement of this matter in the public interest. Due to the fact that Indium conducted its own investigation of its products which may contain chemicals listed pursuant to Proposition 65, and took voluntary measures to provide warnings on its products that contain cadmium, Mr. DiPirro elected to waive all civil fines.