DiPirro v. OK International, Inc., et al.

Citizen enforcer Michael DiPirro and settling party OK International, Inc. ("OK") entered into an out-of-court Settlement Agreement on September 1, 1999, resolving DiPirro's allegations that OK manufactured or distributed soldering equipment whose customary use produces fumes that contain the heavy metal lead and formaldehyde in the State of California without providing the requisite health hazard warnings.

As part of the settlement, OK agreed not to sell any of the specific soldering equipment identified in the Settlement Agreement in California after November 25, 1999, unless the soldering products have Proposition 65 warnings pursuant to subsections 1.1 through 1.3 of the Agreement. Should OK promote the use of fume extraction systems, used to reduce exposure to fumes, in its catalogue by January 27, 2000, DiPirro agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $26,600, 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.