DiPirro v. Blanch Cristal, S.A., et al.

Posted: 11/20/2001  browse the case archive

In a settlement agreement reached on November 20, 2001, Proposition 65 private enforcer and whistleblower, Michael DiPirro, and distributor of glass and crystal products, Blanch Cristal, S.A., entered into a settlement resolving DiPirro's allegation that Blanch sold crystal tumblers containing lead without providing the health hazard warning required by Proposition 65.

As part of the settlement, Blanch agreed to provide specific health hazard warnings regarding the health hazards associated with exposures to the listed chemical. Blanch further agreed to implement an interim warning program to provide customers with inventory, that does not bear a health hazard warning, with warning stickers to be applied to prior to sale in California. Under the Agreement Blanch will make settlement payments totaling $19,000. Dipirro agrees to waive a portion of the civil penalty payment in exchange for Blanch's provision of a written certification indicating that is successfully reformulated one or more of its products to be lead-free. The settlement payments include civil penalties allocated between the California Office of Health Hazard Assessment (75%) and DiPirro (25%), and Blanch's reimbursement of DiPirro's reasonable attorneys' fees and costs incurred bringing, litigating, and negotiating a settlement of the private enforcement action in the public interest.

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