DiPirro v. Newell Rubbermaid Inc., et al.

Posted: 08/16/2000  browse the case archive

Citizen enforcer Michael DiPirro and settling parties Newell Rubbermaid Inc., Newell Window Furnishings, Inc., and Kirsch Division entered into an out-of-court Settlement Agreement on August 16, 2000, which resolved DiPirro's allegations that the parties sold weights for curtains, draperies, and other fabrics containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement , the defendants agreed to place Proposition 65 health hazard warnings on the weights and to revise the material safety data sheets (MSDS) pertaining to the products to ensure that the MSDSs contain a warning consistent with the warnings placed on the products.

The Settlement Agreement required settlement payments of $14,000, to be divided therein between civil penalties, 75% of which are paid to California's Office of Environmental Health Hazard Assessment, and the remainder as compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.

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