DiPirro v. Sears, Roebuck and Co., et al.

On June 7, 2000, citizen enforcer Michael DiPirro, and settling party Sears, Roebuck and Co. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that Sears sold certain soldering products in the State of California that contain, or whose customary use and application are likely to produce fumes or gases which may contain chemicals listed pursuant to Proposition 65, including the heavy metal lead and formaldehyde, without providing the requisite health hazard warnings.

As part of the settlement, Sears agreed that as of September 30, 2000, it shall not distribute or sell (or cause to be distributed or sold on its behalf) any of the products for sale or use in California unless each such product is accompanied by the appropriate Proposition 65 warning as set forth in the paragraph "Product Warnings" of the Agreement.

The Settlement Agreement requires settlement payments of $27,230, 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.