Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
GE Sing Rung Products (USA) Corp.
Injunctive Relief:
3.1 GE Sing Kung agrees, promises, and represents that after the Effective
Date GE Sing Kung shall either not sell in California, offer for sale in California,
or ship for sale in California any Chinese Special Spices unless the level of the
Lead does not exceed 720 parts per billion (“ppb”) and the level of Arsenic does
not exceed 20 ppb, or provide a Proposition 65 compliant warning for such
products sold in California if they exceed these levels as set forth in the following
paragraphs.
3.2 For any Covered Products that exceed the levels of the Listed Chemicals
set forth above that are manufactured for distribution and/or sale into California
after the Effective Date, GE Sing Rung must provide a Proposition 65 compliant
warning for the Covered Products as set forth in Proposition 65 and its
implementing regulations and/or as set forth below. The warning shall be
consistent with Title 27 California Code of Regulations, § 25607.2. The warning
shall be provided for cancer and birth defects, or other reproductive harm for
Lead, and for birth defects or other reproductive harm for Arsenic. 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
reasonably 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 and enclosed in a box. Where the packaging of 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 GE Sing
Rung sell or distribute any Covered Products 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, for sales to consumers in California.
The Parties agree that the following warning language shall constitute compliance
with Proposition 65 with respect to alleged Listed Chemicals in the Covered
Products manufactured and placed into the steam of commerce by GE Sing Kung
after the Effective Date:
For Lead:
[California Prop. 65] WARNING: Consuming this product can expose you to
chemicals including Lead, which are 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/food.
For Arsenic:
[California Prop. 65] WARNING: Consuming this product can expose you to
chemicals including Inorganic Arsenic Oxides which are known to the State of
California to cause birth defects or other reproductive harm. For more information
go to www.P65Wamings,ca.gov/food.
