DiPirro v. Laguna Clay Company, et al.

The Superior Court of Alameda County entered a Consent Judgment in DiPirro v. Laguna Clay Company, et al., (No. H209107-3) on December 3, 1999, which resolved citizen enforcer DiPirro's allegations that Laguna manufactured and distributed ceramic glazes and other products containing the heavy metal lead, cobalt, and/or crystalline silica in the State of California without providing the requisite health hazard warnings.

Under the Consent Judgment, Laguna agreed to immediately initiate efforts to revise its current product or packaging labels. Beginning on February 29, 2000, Laguna further agreed to cease shipment of any covered products containing the lead, cobalt or crystalline silica unless the products carry clear and reasonable warnings sufficient to inform consumers in California that the product contains the specific chemical present in the product, and the specific potential injury associated with the class of chemical present in the product.

The Consent Judgment required settlement payments of $50,000 ($40,000 of which could be waived if lead was entirely removed from the covered products by January 15, 2001), divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment. The determination of the compensation due to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest was deferred to a later time and, ultimately, subject to arbitration.