Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 InvenTel agrees, promises, and represents that InvenTel shall reformulate any Covered Products manufactured after the Effective Date and offered for sale in California to a point where the level of DEHP in the Covered Products does not been reformulated, it will provide warnings on such Covered Products that comply with Proposition 65. The warnings shall be provided in such a conspicuous and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating : WARNING: This product can expose you to chemicals including Diethyl Hexyl Phthalate, 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. Or WARNING: Cancer and Reproductive Harm -- www.P65Warnings.ca.gov. shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Releasees or by or via any online marketplace(s) of Downstream Releasees after the Effective Date. Inventel may provide any warnings compliant with Title 27, California Code of Regulations, § 25600, et seq. Where a label used for the Covered Products in existing inventory, that exceeds 0.1% of DEHP includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English. Should InvenTel sell or distribute any Covered Products in existing inventory, that exceeds 0.1% of DEHP, through the internet the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended. To avoid any doubt, and for clarity, it is agreed that the Downstream Releasees will not be obligated to perform any of the duties described herein, nor will InvenTel be required to recall or otherwise retake possession of any Covered Products from any of the Downstream Releasees or place warning labels on them. The duties contained herein apply only with regard to Covered Products in actual inventory, not the inventory of any Downstream Releasees. not exceed 0.1% by weight. 3.2 InvenTel agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Products in existing inventory that have
