Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
Suzylee agrees, promises, and represents that after the Effective Date
Suzylee shall reformulate any Covered Products manufactured after the Effective
Date and offered for sale in California to a point where the level of DINP and/or
DEHP in the Covered Products does not exceed 0.1% by weight.
3.2 Suzylee agrees, promises, and represents that, as of the Effective Date, to
the extent it ships or sells any Covered Products in its existing inventory that have 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 the following:
For Glasses Cases containing DINP:
A WARNING: This product can expose you to chemicals including Diisononyl
Phthalate (DINP) which is known to the State of California to cause cancer. For
more information go to www.P65Wamings.ca.gov.
For Cosmetic Bags containing DEHP:
A WARNING: This product can expose you to chemicals including Di(2-
ethylhexyl) 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.P65Wamings.ca.gov.
shall constitute compliance with Proposition 65 with respect to the Listed
Chemical in the Covered Products for any Covered Products in Suzylee's existing
inventoiy 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 inventoiy, that exceeds 0.1% of DINP and/or
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 inthat language in addition to English. Should Suzylee sell
or distribute any Covered Products in its existing inventoiy, that exceeds 0.1% of
DINP and/or 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.
