DiPirro v. Markwins International, et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. Markwins International on May 15, 2003. This enforcement action resolved citizen enforcer Michael DiPirro's allegations that defendant Markwins International sold eye shadows, blushes, lipsticks, lip liners, and cosmetic kits containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Markwins agreed, as of July 31, 2002, not to manufacture or sell any of the products unless each product has been manufactured to eliminate the presence of lead. If the products are not reformulated to eliminate lead, they are to contain the appropriate health hazard warnings pursuant to Section 1.3 of the Consent Judgment. A product is deemed to have eliminated the presence of lead if the product complies with the following standards: (1) no lipstick shall contain greater than .35 parts per million (ppm) lead; and (2) no other cosmetic item, including eye shadows and blushes, shall contain greater than .5 ppm lead. DiPirro agreed to waive a portion of the civil penalties, if Markwins provides a statement from its counsel stating that the Products have been reformulated to meet the standards listed above no later than July 31, 2002.

The Consent Judgment requires settlement payments of $240,000, 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.