DiPirro v. Kmart Corporation, et al.

Citizen enforcer Michael DiPirro and Kmart Corporation entered into an out-of-court Settlement Agreement on January 2, 2001.  The Settlement Agreement resolved DiPirro’s allegations that Kmart sold certain soldering products that contain, or whose customary use and application are likely to produce fumes or gases which contain lead and/or formaldehyde in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Kmart agreed to immediately initiate efforts to revise its current product, packaging, and/or labels for the products to provide the proper Proposition 65 warnings consistent with the agreement.  Kmart agreed that, by January 30, 2001, it shall not distribute or sell any products for sale or use in California unless the product is accompanied by the agreed upon warning language.  Additionally, Kmart agreed to remove all products not bearing the proper warning language from the shelves of all its California retails stores as of January 30, 2001. 

The Settlement Agreement requires settlement payments of $284,000, divided between civil penalties, 75% of which are paid to California’s Office of Environmental Health Hazard Assessment, a restitution payment to a non-profit organization of DiPirro’s choosing to underwrite the cost of research on exposure to lead from consumer products, and compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.