DiPirro v. The Oatey Company, et al.

Posted: 11/29/1999  browse the case archive

Citizen enforcer Michael DiPirro and settling party The Oatey Company ("Oatey") entered into an out-of-court Settlement Agreement on November 29, 1999, resolving DiPirro's allegations that Oatey sold 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 pursuant to Sections 1 and 2 of the Agreement, Oatey agreed not to sell any soldering equipment or tools in California after February 1, 2000, unless the soldering products have Proposition 65 warnings provided. This Agreement was later brought before the Alameda County Superior Court for approval.

The Settlement Agreement requires settlement payments of $35,650, 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.

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