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

Posted: 08/15/2000  browse the case archive

On August 15, 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 fishing tackle products which expose users to the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Sears agreed that it shall not add any covered products to its inventory for sale or use in the State of California unless each such product is accompanied by Proposition 65 warnings pursuant to Paragraph 2 of the Agreement.

The Settlement Agreement requires settlement payments of $7,800, 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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