DiPirro v. West Marine, Inc., et al.

Posted: 12/21/2000  browse the case archive

On December 21, 2000, citizen enforcer Michael DiPirro, and settling party West Marine, Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that West Marine sold certain sporting equipment adhesive that contains methylene chloride and/or toluene in the State of California without providing the requisite health hazard warnings.

As part of the settlement, West Marine agreed that as of April 1, 2001, it shall not sell via retail location, or by internet and/or catalogue, any of the products for sale or use in the State of California unless each such product is accompanied by the appropriate Proposition 65 warning statement pursuant to Section 1.1 of the Agreement.

The Settlement Agreement requires settlement payments of $21,812, 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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