Case Name:
TAMAR KALOUSTIAN v. GUARDIAN DRUG COMPANY, INC.
Court Name:
Los Angeles County Superior Court
Defendant:
GUARDIAN DRUG COMPANY, INC.
Injunctive Relief:
Commencing ninety (90) days after the Effective Date, Defendant shall not sell, offer for sale in California, or ship for sale in California a Covered Product unless such Covered Product: (a) is reformulated pursuant to Section 2.1; or (b) Defendant provides one of the Proposition 65 compliant warning as set forth in Section 2.2 or any such warning as may be adopted in the future under Proposition 65.
2.1 Reformulation Option. The Covered Products shall be deemed to comply with Proposition 65 with regard to lead, and be exempt from any Proposition 65 warning requirements for lead, if the Daily Exposure Level (as defined herein) for the Covered Product contains a lead content that is no more than 0.5 micrograms per day (hereinafter referred to as “Reformulated Product”). The “Daily Exposure Level” shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving (using the largest serving size appearing on the product label), multiplied by the servings of the product per day (using the largest number of servings in any recommended dosage appearing on the product label), which equals micrograms of lead exposure per day. The Daily Exposure Level, however, shall not include the amount of lead that can be proven to be a natural constituent of a food, or can be proven is present in the food solely as a result of absorption or accumulation of lead which is naturally present in the environment in which the food is raised, or grown, or obtained
2.2 Warning Options. Commencing ninety (90) days after the Effective Date, and continuing thereafter, a clear and reasonable exposure warning as set forth in this Section 2.2 must be provided for all Covered Product that is not a Reformulated Product. Based on the Daily Exposure Level of lead present in a Covered Product, as calculated pursuant to Section 2.1, Defendant shall provide either of the Proposition 65 warnings set forth in 2.2.1 and 2.2.2 which the Parties agree shall constitute compliance with Proposition 65, or any other current Proposition 65 warning or future warning as may be adopted under Proposition 65. The warning shall be displayed on a label, labelling, sign or electronic device or automatic process, provided that the warning is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use.
2.2.1 Daily Exposure Level Greater Than 15 ug/day: If the lead Daily Exposure Level of a Covered Product, as determined pursuant to the requirements set forth in Section 2.2, is greater than 15 ug/day, then the either of the following Proposition 65 warnings shall be provided:
WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
OR
WARNING: Cancer and Reproductive Harm -www.P65Warnings.ca.gov/food.
2.2.2 Daily Exposure Level Less Than 15 ug/day but Greater Than 0.5 ug/day: If the lead Daily Exposure Level of a Covered Product, as determined pursuant to the requirements set forth in Section 2.2, is less than 15 ug/day but greater than 0.5 ug/day, then the either of the following Proposition 65 warnings shall be provided:
WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
OR
WARNING: Reproductive Harm - www.P65Warnings.ca.gov/food.
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