DiPirro v. Tri Star International, Inc., et al.

On February 15, 2000, citizen enforcer Michael DiPirro, and settling party Tri Star International, Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that TSI sold certain soldering products in the State of California that contain, or whose customary use and application are likely to produce fumes or gases which may contain chemicals listed pursuant to Proposition 65, including the heavy metal lead and formaldehyde, without providing the requisite health hazard warnings.

As part of the settlement, TSI agreed that beginning October 1, 2000, it shall not knowingly distribute or sell (or cause to be distributed or sold on its behalf) any such products for sale or use 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 $8,000, 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.