DiPirro v. Nobara, Inc., et al.

Posted: 01/24/2000  browse the case archive

Citizen enforcer Michael DiPirro entered into an out-of-court Settlement Agreement on January 24, 2000 with Nobara, Inc., Shu Uemura Cosmetics, Inc.,  and Japanese corporations d/b/a Shu Uemura Beauty Boutique (collectively referred to as “Shu Uemura”).  This Agreement was later brought before the San Francisco County Superior Court for approval on February 16, 2000.  The Settlement Agreement resolved DiPirro’s allegations that Shu Uemura sold nail enamel products containing toluene and formaldehyde in the State of California without providing the requisite health hazard warnings. 

As part of the settlement, Shu Uemura agreed to: (1) as of November 1, 1999, reformulate the products so that they no longer contain toluene or formaldehyde; and (2) as of July 1, 2000 to no longer ship products for sale in California that contain toluene or formaldehyde.  However, if the products are not reformulated to remove toluene and formaldehyde, Shu Uemura may ship the products for sale in California with the proper health hazard warning language pursuant to Section 1.1 and 1.2 of the Agreement. If Shu Uemura chooses to reformulates the products to remove toluene and formaldehyde rather than to provide health hazard warnings, DiPirro agreed to waive a portion of the civil penalties to be paid by Shu Uemura. 

The Settlement Agreement requires settlement payments of $61,840.40, 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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