DiPirro v. Bluefly, Inc., et al.

In a September 27, 2001 stipulated judgment, Proposition 65 private enforcer and whistleblower, Michael DiPirro, and internet retailer, Bluefly, Inc., agreed to terms resolving DiPirro's allegation that Bluefly sold crystal ware products containing lead without providing the health hazard warning required by Proposition 65. Lead is listed pursuant to Proposition 65 as a chemical known to cause reproductive harm or birth defects.

As part of the settlement, Bluefly, Inc. will provide specific health hazard warnings regarding the health hazards associated with lead exposures for all crystal ware products sold in California. Bluefly will also make settlement payments totaling $21,200. The settlement payments include civil penalties allocated between the California Office of Health Hazard Assessment (75%) and DiPirro (25%), and the 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.