DiPirro v. Reno-Tahoe Specialty, Inc., et al.

Posted: 02/28/2005  browse the case archive

In an agreement entered on February 28, 2005, Proposition 65 private enforcer and whistleblower, Michael DiPirro, and manufacturer of glass and ceramic tableware, Reno-Tahoe Specialty, Inc., agreed to terms resolving DiPirro's allegation made in a July 30, 2004, 60-day notice of violation of Proposition 65 DiPirro issued to RTS. The settlement also resolves litigation between the parties commenced on October 5, 2004. At issue in the action is DiPirro's claim that RTS sold glass and ceramic tableware with colored designs 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.

The settlement requires RTS to undertake efforts to offer lead-free, reformulated products effective immediately and to ensure that 80% of its products are lead-free as defined by the agreement by October 1, 2005. In the interim, RTS will provide specific health hazard warnings requested by DiPirro, for any products containing more lead than the strict content standard provided by the parties' agreement. RTS will also make settlement payments totaling $32,000. 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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