Case Name:
Chemical Toxin Working Group Inc. v. Supervalu, Inc
Plaintiff:
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Defendant:
Supervalu, Inc.
United Natural Foods, Inc.
Instacart, Inc.
Vallarta Supermarkets
Injunctive Relief:
The Company agrees that the Covered Product(s) that Company Distributes into
the State of California after the Compliance Date, shall either (1) qualify as a Reformulated Product
or (2) comply with the Warning requirements of this Agreement.
2.2 Warning.
2.2.1. A clear and reasonable exposure Warning must be provided for Covered
Product(s) with Violative Daily Exposure Level that Company Distributes into the State of
California after the Compliance Date. The Warning shall consist of either the Standard
Warning under 2.3.1.(a), or the Short-Form Warning under 2.3.1. (b); and the
Online/Internet Warning under 2.3.3 if the Product is sold online.
(a) Standard Warning. The Standard Warning shall consist of the
statement:
130736484v3
3
WARNING: Consuming this product can expose you to chemicals including
cadmium, which are known to the State of California to cause birth defects or other
reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
(b) Short-Form Warning. The Short-Form Warning shall consist of the
statement:
WARNING: Reproductive Harm - www.P65Warnings.ca.gov/food.
The font size of the Short-Form warning must be a minimum of 6 points, and it
cannot be smaller than the largest size font used for Consumer Information.
2.2.2 Print Warning. Standard Warning or Short-Form Warning provided
pursuant to Section 2.3 in print form must:
(a) contain the word “WARNING:” in all capital letters, in bold font,
followed by a colon;
(b) display the Warning Symbol to the left of the word “WARNING:”;
(c) display the Warning Symbol in a size no smaller than the height of
the word “WARNING:”;
(d) be affixed to or printed on the Products’ label, or on a placard, shelf
tag, sign or electronic device;
(e) be 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;
(f) be set off from other surrounding information;
(g) be enclosed in a box with a black, bold border.
2.2.3 Online/Internet Warning. If Company or a Distributor sells Covered
Products via internet websites to customers located in California, the Warning also must
be displayed online prior to the purchase, either on one or on all of the below:
(a) on the same web page on which a Covered Product is displayed
and/or described;
(b) on the same page as the price for the Covered Product is displayed;
or
(c) on one or more web pages displayed to a purchaser prior to
completion of purchase during the checkout process.
130736484v3
4
2.2.4 Online Warning must comply with all requirements of Section 2.3.2 of this
Agreement, except 2.3.2.(d).
2.2.5 Online Warning must be visible for an ordinary consumer without scrolling
a page past Covered Product’s image or price. Warning must be displayed next to the
Covered Product’s image or price, in a manner that clearly associates it with Covered
Product(s) to which the Warning applies.
2.2.6 Online Short-Term Warning, in addition to other requirements, must
display a Warning Symbol with the clickable word “WARNING” in bold, black font, in
the font size no less than the largest font in the Consumer Information; must link to the text
of the Standard Warning; and must link to the website http://www.P65Warnings.ca.gov.
