DiPirro v. KBC Tools & Machinery, Inc., et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. KBC Tools & Machinery, Inc. on July 17, 2001. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendant KBC Tools & Machinery, Inc. sold: (1) certain lead hammers, brass hammers, and other non-marring and non-sparking hammer products containing lead; and (2) certain lubricants containing nickel in the State of California without providing the requisite health hazard warnings.

As part of the settlement, beginning on April 30, 2001, KBC agreed to not knowingly sell any products containing lead or nickel in California unless the products contain the proper Proposition 65 health hazard warning language found in Sections 4.1(a) and 4.1(b) of the Agreement. The warning language in the agreement required specific references to whether the product contained nickel or lead.

The Consent Judgment requires settlement payments of $29,000, 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.