DiPirro v. Sunstate Equipment Co., LLC, et al.

On December 15, 2000, citizen enforcer Michael DiPirro, and settling party Sunstate Equipment Co., LLC centered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that Sunstate sold certain welding machines, power sources, and similar products that through their normal and foreseeable use produce fumes that contain chemicals listed pursuant to Proposition 65, in the State of California, without the requisite health hazard warnings.

As part of the settlement, Sunstate agreed that as of March 15, 2001, it shall not rent or sell (or cause to be rented or sold) any of the products for sale or use in the state of California unless each such product contains the appropriate Proposition 65 warning statement on its label pursuant to Section 1.1 in the Agreement.

The Settlement Agreement requires settlement payments of $18,870, 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.