DiPirro v. Stanley Fastening Systems, LP, et al.

Citizen enforcer Michael DiPirro and settling party Stanley Fastening Systems, LP ("SFS") entered into an out-of-court Settlement Agreement on November 10, 1999, resolving DiPirro's allegations that SFS sold soldering equipment and tools 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, SFS agreed not to sell any soldering equipment or tools in California after January 15, 2000, unless the soldering products have Proposition 65 warnings provided in compliance with Section 1 of the Agreement. Stanley shall also provide Interim Warning Materials to reduce the risk of public exposure to chemicals from products already released into the stream of commerce. Should Stanley cease the sale of lead-containing solder into California by October 1, 2000, DiPirro agreed to credit a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $31,000, 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.