DiPirro v. Nupla Corporation, et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. Nupla Corporation on December 18, 2001. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendant Nupla Corporation sold certain brass hammers containing lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, beginning on November 15, 2001, Nupla agreed not to knowingly sell any products that contain lead in California, unless the products are accompanied by the warning statement found in Section 1.1 of the Agreement. The warning language is to be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase.

The Consent Judgment requires settlement payments of $24,000, 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.