DiPirro v. Sunex International, Inc., et al.

On December 21, 2001, the case DiPirro v. Sunex International, Inc., et al., had a Consent Judgment executed, which resolved citizen enforcer Michael DiPirro's allegations that the defendant Sunex International, Inc. ("Sunex") sold power tools whose customary use produces dust containing the heavy metals lead, crystalline silica, arsenic, and chromium in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Sunex agreed not to sell in California any of the power tools identified in Exhibit A in the Consent Judgment after March 31, 2002, unless the power tools have Proposition 65 warnings provided. The settlement sum does not include additional fees incurred should the office of the Attorney General require further information or need to clarify some aspect of the Consent Judgment.

The Consent Judgment requires settlement payments of $13,250, 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.