DiPirro v. Wall Lenk Corporation, et al.

On September 1, 2000, citizen enforcer Michael DiPirro, and settling party Wall Lenk Corporation entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that WLC 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, WLC agreed that as of September 28, 2000, it shall not distribute or sell (or cause to be distributed or sold on its behalf) and of the products for sale or use in the State of California unless each such product is accompanied by the appropriate Proposition 65 warning as set forth in paragraph 1 of the Agreement.

The Settlement Agreement requires settlement payments of $78,000, 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.