DiPirro v. Metabo Corporation, et al.

Posted: 04/30/2001  browse the case archive

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. Metabo Corporation, et al. on April 30, 2001. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendants Metabo Corporation and Metabowerke GmbH (hereinafter referred to collectively as "Metabo") sold various power tools and other equipment that may contain, or whose customary use and application may produce fumes or gases which contain nickel, chromium and carbon monoxide in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Metabo agreed to immediately take steps that are commercially reasonable to ensure that warnings pursuant to Section 1.1 of the Agreement are placed on all products sold in California and that no later than October 15, 2001, Metabo will not knowingly sell any products that may contain or produce fumes or gases in California without warnings.

The Consent Judgment requires settlement payments of $25,000, 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.

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