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.
