Case Name:
Consumer Advocacy Group, Inc. v. Straight From France
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 Straight From France agrees, promises, and represents that after the
Effective Date Straight From France shall not sell in California, offer
for sale in California, or ship for sale in California any Covered
Products unless the level of Lead and the level of Cadmium do not
exceed the levels (“Reformulation Standard(s)”) specified below unless
Proposition 65 compliant warnings are used as set forth in the following
paragraphs.
3.1.1 Lead: an exposure of no more than 0.5 micrograms of
Lead based on a single serving per day. For purposes of assessing
compliance with this reformulation level, the exposure shall be
calculated by multiplying the recommended serving size of the
Covered Products by the concentration of Lead in the Covered
Products.
3.1.2 Cadmium: an exposure of no more than 4.1 micrograms
of Cadmium based on a single serving per day. For purposes of
assessing compliance with this reformulation level, the exposure
shall be calculated by multiplying the recommended serving size
of the Covered Products by the concentration of Cadmium in the
Covered Products.
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, Vendor 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 for Lead shall be
provided for cancer and birth defects, or other reproductive harm. The warning for
Cadmium shall be provided for birth defects, or other reproductive harm. 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 Products 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 Straight From France sell or distributes 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 warnings shall be compliant with 27 CCR 25600 and 25602
et seq., with respect to alleged Listed Chemicals in the Covered Products
manufactured and placed into the steam of commerce by Straight From France
after the Effective Date.
Address:
9100 Wilshire Blvd Suite 240W
