DiPirro v. William H. Harvey Co., et al.

Posted: 07/12/2000  browse the case archive

On July 12, 2000, citizen enforcer Michael DiPirro, and settling party William H. Harvey Co. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that WHH 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 without providing the requisite health hazard warnings.

As part of the settlement, WHH agreed that as of October 1, 2000, it shall not distribute or sell (or cause to be distributed or sold on its behalf) 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 the paragraph "Product Warnings" of the Agreement.

The Settlement Agreement requires settlement payments of $7,500, 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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