Case Name:
Consumer Advocacy Group, Inc. v. Island Pacific Supermarkets
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Island Pacific Supermarkets, Inc., a California Corporation
Injunctive Relief:
3.1 After the Effective Date, Defendant shall not sell in California, offer for sale in California, or ship for sale in California any Covered Products unless the level of Cadmium does not exceed the levels (“reformulation level(s)”) specified below unless Proposition 65 compliant warnings are used as set forth in the following paragraphs.
3.1.1 An exposure of no more than 4.1 micrograms of Cadmium based on a single serving per day. For purposes of assessing compliance with this reformulation level, the exposure shall be calculated by multiplying the recommended serving size of the Covered Products by the concentration of Cadmium in the Covered Products.
3.2 For any Covered Products that exceed the level of Cadmium that are placed into the stream of commerce in California after the Effective Date, Defendant must provide a Proposition 65 compliant warning for birth defects or other reproductive harm for the Covered Products. The language of the warnings and method for providing any warnings for the Covered Products shall be compliant with Title 27, California Code of Regulations, § 25600, et seq. The warnings shall be provided for birth defects or other reproductive harm. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual
under customary conditions before purchase or use. The warning must be set off from other surrounding information, enclosed in a box. Where the packaging of the Covered Product or a
sign referring to the Covered Product 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 Defendant sell or distribute any Covered Product 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. The Parties agree that the following warning language shall constitute
compliance with Proposition 65 with respect to the alleged Cadmium in the Covered Products placed into the stream of commerce by Defendant after the Effective Date:
For Cadmium:
WARNING: Consuming this Product can expose you to chemicals including Cadmium and Cadmium Compounds, which is known to the State of California to cause birth defects or other reproductive harm. For more information go
towww.P65Wamings.ca.gov/food.
3.3 For any Covered Products still existing in the Defendant's inventory as of the Effective Date, Defendant shall place a Proposition 65 compliant warning on them, unless the
Covered Products do not exceed the level of Cadmium outlined above. Any warning provided pursuant to this section shall comply with the warning requirements under Section 3.2 above.
3.4 If there are changes in the law and regulations applicable to Proposition 65 warning requirements applicable to Covered Products containing listed chemicals occurring after this date. Defendant may comply with those warning regulations.
