DiPirro v. Philips Lighting Company, et al.

The Alameda County Superior Court entered a Consent Judgment in DiPirro v. Philips Lighting Company, et al. on September 11, 2003. The settlement resolved the allegations of citizen enforcer Michael DiPirro that defendants Philips Electronics North America Corporation and Philips Lighting Company sold certain light bulbs, with one or more solder points on the base, that contain lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, the defendants agreed to immediately use their commercially reasonable best efforts, by reformulation or other means, to discontinue the use of leaded solder points on the covered products. Additionally, the defendants agreed to discontinue broadcasting, publishing or otherwise disseminating in California the advertisement known as "The Gift" or any other advertisement displaying, representing, or suggesting the placement of any light bulb on or in the mouth of any person, until the defendants confirm they no longer sell any products with leaded solder points in California. The agreement allowed for DiPirro to commence new litigation against the defendants regarding exposure to lead from the products if the defendants did not make objectively measurable progress in reformulating the products to eliminate the presence of lead-based solder. Objectively measurable progress was determined by whether the defendants provided compliance reports showing at least 90% of all products had been reformulated to remove lead-based solder.

The Consent Judgment required settlement payment of $65,000 as compensation to whistleblower DiPirro and his counsel for their successful enforcement of this matter in the public interest.