Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 Rasolli agrees, promises, and represents that after the Effective Date
Rasolli shall reformulate any Covered Products manufactured after the Effective
Date and offered for sale in California to a point where neither the level of DINP,
nor DEHP, in the Covered Products exceeds 0.1% by weight.
3.2 Rasolli 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
not been reformulated into California or to a downstream distributor or retailer
with actual knowledge that such downstream distributor or retailer intends to sell
the product into California, 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 that:
For DINP:
A WARNING: This product can expose you to chemicals including Di Isononyl
Phthalate (DINP), which is known to the State of California to cause cancer. For
more information go to www.P65Warnings.ca.gov.
For DEHP:
A WARNING: This product can expose you to chemicals including added Diethyl
Hexyl Phthalate and Bis (2-ehtylhexyl) phthalate ("DEHP"), 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.
shall constitute compliance with Proposition 65 with respect to the Listed
Chemicals inthe Covered Products for any Covered Products in existing
inventory that had not been reformulated and were distributed and/or sold by
Releasees or Downstream Releasees after the Effective Date. Where a label used
for the Covered product in existing inventory, that exceeds 0.1% of DINP or 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 Rasolli sell
or distribute any Covered Products in existing inventory, that exceeds 0.1% of
DINP or 1%of DEHP, through the internet the warning will be posted in the
manner provided for with respect to internet sales, as provided for in27 CCR
sections 25601 and 25602, as they may be subsequently amended.
Address:
9100 Wilshire Blvd Suite 240W
