DiPirro v. American Honda Motor Co., Inc., et al.
On December 7, 2000, citizen enforcer Michael DiPirro, and settling party American Honda Motor Co., Inc. entered into an out-of-court Settlement Agreement, which resolved DiPirro's allegations that AHMC sold certain welding machines whose customary use and application may produce fumes or gases which contain nickel (and nickel compounds), chromium (hexavalent compounds), and carbon monoxide in the State of California without providing the requisite health hazard warnings.
As part of the settlement, AHMC agreed that beginning February 8, 2001, it shall not knowingly ship (or cause to be shipped) any such products in the State of California unless each such product contains the appropriate Proposition 65 warning statement pursuant to Section 1.1 of the Agreement.
The Settlement Agreement requires settlement payments of $15,600, 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.