DiPirro v. Tandy Corporation, et al.

Posted: 02/22/1999  browse the case archive

Citizen enforcer Michael DiPirro and settling party Tandy Corporation, working by and through its RadioShack division ("Tandy") entered into an out-of-court Settlement Agreement on February 22, 1999, resolving DiPirro's allegations that Tandy sold welding, brazing, and soldering products whose customary use produces fumes that contain the heavy metal lead, a chemical known to the State of California to cause birth defects, cancer, and reproductive harm, without providing the requisite health hazard warnings.

As part of the settlement, Tandy agreed not to ship for sale after July 1, 1999, or distribute or sell after July 1, 2000, any soldering products in California, unless the soldering products have Proposition 65 warnings provided pursuant to Section 1 of the Agreement.

The Settlement Agreement requires settlement payments of $61,250, 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.

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