DiPirro v. Kole Imports, et al.

A Consent Judgment in the DiPirro v. Kole Imports, et al. matter, heard in the Alameda County Superior Court, was entered on July 23, 2003. The Consent Judgment resolved citizen enforcer Michael DiPirro's allegations that the defendant Kole Imports sold adhesives and contact cements containing toluene in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Kole agreed not to sell products in California unless such products contain Proposition 65 health hazard warning labels as prescribed in the Consent Judgment; or, if the products are reformulated such that they contain two percent toluene or less by weight, no health hazard warning is required.

The Consent Judgment requires settlement payments of $20,500, 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.