DiPirro v. Tech Spray, Inc., et al.

Citizen enforcer Michael DiPirro and settling party Tech Spray, Inc. ("Tech Spray") entered into an out-of-court Settlement Agreement on April 28, 1999, resolving DiPirro's allegations that Tech Spray sold conformal coatings that contain the solvent toluene and solder products that contain the heavy metal lead and formaldehyde and products that contain methylene chloride in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Tech Spray agreed not to sell any of the covered products specified in Exhibit A of the Settlement Agreement after July 1, 1999, unless the products have Proposition 65 warnings provided pursuant to subsections 1.1 and 1.2 of the Agreement. Tech Spray shall also send Interim Warning Materials for the products already released into the stream of commerce. Should Tech Spray have reformulated at least six of its products to eliminate the presence of toluene by April 15, 2000, DiPirro agreed to waive a portion of the civil fine that would otherwise be applied.

The Settlement Agreement requires settlement payments of $40,999, 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.