DiPirro v. The Bombay Company, Inc., et al.

Posted: 12/18/2001  browse the case archive

In a December 18, 2001 stipulated judgment, Proposition 65 private enforcer and whistleblower, Michael DiPirro, and retail seller, The Bombay Company, Inc., agreed to terms resolving DiPirro's allegation that Bombay sold terrarium 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, Bombay will provide specific health hazard warnings regarding the health hazards associated with lead exposures on product labels and at point-of-sale locations. Bombay will also make settlement payments totaling $13,500. 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.

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