DiPirro v. W. Atlee Burpee & Co., et al.

Posted: 12/14/2001  browse the case archive

In the case DiPirro v. W. Atlee Burpee & Co., et al., the parties executed a Consent Judgment on December 14, 2001, which resolved citizen enforcer Michael DiPirro's allegations that the defendant W. Atlee Burpee & Co. ("Burpee") sold lead climbing nails containing the heavy metal lead in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Burpee agreed not to sell any of the lead climbing nails in California after December 11, 2001, unless the nails have Proposition 65 warnings provided. The settlement sum does not include additional fees should the office of the Attorney General require further information or need to clarify some aspect of the Consent Judgment.

The Consent Judgment requires settlement payments of $14,800, 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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