DiPirro v. Wassco, et al.

Citizen enforcer Michael DiPirro and settling party Wassco ("Wassco") entered into an out-of-court Settlement Agreement on June 30, 1999, resolving DiPirro's allegations that Wassco sold products whose customary use produces fumes which contain chemicals listed pursuant to Proposition 65 in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Wassco agreed not to sell any of the covered products outlined in Exhibit A to the Settlement Agreement in California after July 1, 1999, unless the products have Proposition 65 warnings provided.

In light of the fact that the products sold or distributed by Wassco were supplied to Wassco by manufacturers or suppliers, virtually all of whom have settled disputes under Proposition 65 relating to the covered products and the liability of Wassco is subsumed and released in such settlements, Wassco was not required to pay civil penalties. However, the Agreement does require settlement payments of $9,900, to be divided therein between investigation, expert, and litigation costs.