DiPirro v. A. Tool Shed, Inc., et al.

Posted: 12/13/2000  browse the case archive

On December 13, 2000, citizen enforcer Michael DiPirro and settling party A. Tool Shed, Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that ATS sold certain welding products whose customary use and application may produce fumes or gases which contain formaldehyde, chromium (hexavalent compounds), carbon monoxide, nickel (and nickel compounds), and/or lead (and lead compounds) in the State of California without providing the requisite health hazard warnings.

As part of the settlement, ATS agreed that beginning January 1, 2000, it shall not rent or sell (or cause to be rented or sold) any such products in the State of California unless each such product contains the appropriate Proposition 65 warning statement pursuant to Section 1 of the Agreement.

The Settlement Agreement requires settlement payments of $10,870, 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.

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