DiPirro v. Newell Company, et al.

Citizen enforcer Michael DiPirro and settling party Newell Company ("Newell") entered into an out-of-court Settlement Agreement on April 12, 1999, resolving DiPirro's allegations that Newell manufactures and distributes welding, soldering, and brazing products whose customary use produces fumes that contain the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Newell agreed not to sell any of the specific welding, soldering, or brazing products identified on Exhibit A of the Settlement in California after June 1, 1999, unless the products have Proposition 65 warnings provided. Additionally, Newell agreed to revise its Material Safety Data Sheets to include health hazard warnings.

The Settlement Agreement requires settlement payments of $56,000, 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.