DiPirro v. Products Engineering Corporation, et al.

The Alameda County Superior Court entered judgment on June 21, 2001, according to the terms of the settlement reached between Proposition 65 private enforcer, Michael DiPirro, and tool manufacturer, Products Engineering Corporation. The June 18, 2001, settlement resolves pending litigation, and DiPirro's allegation that PEC violated Proposition 65 when it sold hammers containing lead in amounts that require a warning under the Act. Lead is listed pursuant to Proposition 65 as a chemical that is known to cause reproductive harm or birth defects.

Under the settlement, PEC will provide specific health hazard warning for any products that contain lead in amounts greater than the strict content limits required by DiPirro. The monetary terms of the settlement require PEC to pay $19,500, including civil penalty payments divided between the California Office of Environmental Health Hazard Assessment (75%) and DiPirro (25%), and the reimbursement of the whistleblower's reasonable fees and costs incurred investigating, litigating, and negotiating a settlement of the private enforcement action in the public interest.