DiPirro v. Roto Zip Tool Corporation, et al.

In the case DiPirro v. Roto Zip Tool Corporation, et al., citizen enforcer Michael DiPirro and defendant Roto Zip Tool Corporation ("Roto Zip") executed a Consent Judgment on August 10, 2001, which resolved DiPirro's allegations that Roto Zip sold power tools whose customary use produces dust containing the heavy metals lead, crystalline silica, arsenic, chromium, and other chemicals in the State of California without providing the requisite health hazard warnings.

As part of the settlement, Roto Zip agreed not to sell any of the power tools identified in Exhibit A in the Consent Judgment in California after September 29, 2001, unless the power tools have Proposition 65 warnings provided. The settlement sum does not include additional fees incurred should the office of the Attorney General require further information or need to clarify some aspect of the Consent Judgment.

The Consent Judgment requires settlement payments of $45,000, to be 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.