Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
NHS agrees, promises, and represents that after the Effective Date NHS shall either provide Proposition 65 warnings, as specified herein or optimize the manufacture of any Covered Products manufactured after the Effective Date and offered for sale in California such that the level of Leadinthe Covered Products does not exceed 200 parts per billion ("ppb") based on an assumed consumption amount of 550 milligrams, as depicted on the label Supplement Facts Panel (the "Reformulation Standard"). NHS agrees, promises, and represents that, as of the Effective Date, it shall sell or otherwise distribute only Covered Products that are manufactured after the Effective Date that meet the "Reformulation Standard" or provide Proposition 65 warnings for cancer and reproductive toxicity, as specified herein. Any Covered Product in NHS' existing inventory that does not meet the Reformulation Standard shall contain a warning that shall comply with the warning requirements under Title 27, California Code of Regulations, §§ 25600, et seq. As to Covered Products manufactured after the Effective Date, if such Covered Products do not meet the Reformulation Standard, NHS shall provide warnings consistent with
Title 27 California Code of Regulations, §§ 25600, et. seq. for cancer and reproductive toxicity. Should NHS sell any Covered Products online via a website under its control, if required the warning will be posted in the manner provided for with respect to internet sales, as provided for in Title 27, California Code of Regulations, §§ 25601 and 25602, including as they may be subsequently amended. Where the Covered Product includes consumer information as defined by California Code of Regulations Title 27, California Code of Regulations § 25600.1(c) in a language other than English, the warning if required must also be provided in that language in addition to English but otherwise, the warning only needs to be provided only in English. As between CAG and NHS, compliance with this Settlement Agreement shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory and for Covered Products manufactured after the Effective Date, regardless of when distributed and/or sold by Downstream Releasees after the Effective Date.
