DiPirro v. Osment Models, Inc. d/b/a/ Woodland Scenics, et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. Osment Models, Inc. on December 13, 2000. This enforcement action resolved the allegations of citizen enforcer Michael DiPirro that defendant Osment Models, Inc., d/b/a/ Woodland Scenics sold: (1) various Pinewood Derby car kits and accessories and railroad model scenery kits and accessories that contain lead; and (2) adhesives that contain methylene chloride, in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Osment agreed to immediately begin the process to revise the health hazard warnings for the adhesives containing methylene chloride to be consistent with the health hazard warning language found in Section 10 of the Agreement. Additionally, commencing six months from December 1, 2000, Osment agreed not to knowingly ship (or cause to be shipped) any adhesives containing methylene chloride for sale in California unless such Products comply with the warning language of Section 10 of the Agreement.

The Consent Judgment requires settlement payments of $18,000, 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.