Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Central Boeki U.S.A., LTD
Injunctive Relief:
3.1 Central Boeki agrees, promises, and represents that after the Effective Date Central Boeki
shall either not sell in California, offer for sale in California, or ship for sale in California any
Covered Products unless the level of the Lead does not exceed 34 parts per billion (“ppb”), or
provide a Proposition 65 compliant warning for such products sold in California if they exceed this
level as set forth in the following paragraphs. 3.2 For any Covered Products that exceed the level
of the Listed Chemical set forth above that are manufactured or imported for distribution and/or
sale into California after the Effective Date, Central Boeki must provide a Proposition 65
compliant warning for the Covered Products as set forth in Proposition 65 and its implementing
regulations in Title 27 California Code of Regulations, Article 6, §§ 25600 et seq. and/or as set
forth below. The warning shall be consistent with Title 27 California Code of Regulations, §§
25607.1 and 25607.2 and other applicable requirements in Title 27 California Code of
Regulations, Article 6, §§ 25600 et seq., as they may be amended from time to time. The warning
shall be provided for cancer and 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 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 Central Boeki 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. Without limiting the foregoing, the Parties agree
that the following warning language shall constitute compliance with Proposition 65 with respect
to the alleged Listed Chemicals in the Covered Products manufactured and placed into the steam
of commerce by Central Boeki after the Effective Date: [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.P65Warnings.ca.gov/food. Language in brackets is optional.
