DiPirro v. Master Appliance Corporation, et al.

Posted: 11/16/1999  browse the case archive

Citizen enforcer Michael DiPirro and settling party Master Appliance Corporation ("MAC") entered into an out-of-court Settlement Agreement on September 16, 1999, resolving DiPirro's allegations that MAC sold soldering parts and equipment whose customary use produces fumes that contain the heavy metal lead and formaldehyde in the State of California without providing the requisite health hazard warnings.

As part of the settlement, MAC agreed not to sell any of the soldering parts or equipment specifically identified in Exhibit A of the Settlement Agreement in California after November 9, 1999, unless the soldering products have Proposition 65 warnings provided. Should Master promote the use of lead-free solder in its marketing materials and product kits by January 1, 2000, DiPirro agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $26,320, to be 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.

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