DiPirro v. Plato Products, Inc., et al.

Posted: 04/11/1999  browse the case archive

Citizen enforcer Michael DiPirro and settling party Plato Products, Inc. ("Plato") entered into an out-of-court Settlement Agreement on April 11, 1999, resolving DiPirro's allegations that Plato sold soldering pots and other soldering equipment whose customary use produces fumes that contain the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Plato agreed not to sell the specific soldering pots or other soldering equipment identified in Exhibit A of the Settlement Agreement in California after October 4, 2000, unless the soldering products have Proposition 65 warnings provided pursuant to subsections 1.1 through 1.3 of the Agreement. Should Plato promote fume extraction systems that would reduce exposure to fumes from Plato's products in its catalogue, DiPirro agreed to waive a portion of the civil fine.

The Settlement Agreement requires settlement payments of $42,400, 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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