DiPirro v. Marshall Industries, et al.

Posted: 05/12/1999  browse the case archive

The Superior Court of Alameda County entered a Consent Judgment in DiPirro v. Marshall Industries, et al., (No. 205535-2) on May 12, 1999, which resolved citizen enforcer DiPirro's allegations that Marshall distributed or sold certain soldering tools, soldering equipment and chemicals used in the soldering process that contain carbon monoxide, chromium, lead, nickel and/or toluene in the State of California without providing the requisite health hazard warnings.

Marshall agreed to immediately initiate efforts to sell and distribute only covered products that are accompanied by a clear and reasonable warning label provided in the normal course of business. Marshall further agreed that if notified that a supplier is not providing compliant warnings, it would notify the supplier of its non-compliance, and, within sixty days, if compliance is not achieved, either cease distributing or selling that suppliers products or provide its own compliant warnings for the product. Finally, Marshall agreed to provide to consumers in California a material safety data sheet for each covered product sold, and to provide, upon request, a material safety data sheet to any prior purchaser of a covered product.

The Consent Judgment required payments of $27,170 as reimbursement of costs and fees to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest. Civil penalties against Marshall were waived due to prior release of the covered products in separate settlement agreements or consent judgments with suppliers of the covered products.

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