DiPirro v. Pace, Incorporated, et al.

Posted: 11/15/1999  browse the case archive

Citizen enforcer Michael DiPirro and settling party Pace, Incorporated ("Pace") entered into an out-of-court Settlement Agreement on November 15, 1999, resolving DiPirro's allegations that Pace sold soldering equipment and tools whose customary use produces fumes containing lead and formaldehyde in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Pace agreed not to sell any soldering equipment or tools in California after November 30, 1999, unless the soldering products have Proposition 65 warnings provided. Additionally, Pace agrees to conspicuously promote fume extraction systems that would reduce exposure to fumes arising from Pace's products by May 4, 2000.

The Settlement Agreement requires settlement payments of $12,000, 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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