Case Name:
Hammond v TJX Companies, Marmaxx Operating Companies Inc.
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Defendant:
TJX Companies, Marmaxx Operating Companies Inc., and related entities
Injunctive Relief:
2.1 Commitment to Reformulate or Warn
Commencing 30 days after the Effective Date and continuing thereafter, the Products Frasier Sterling manufactures, imports, sells, ships, or distributes for sale in or into California, directly or through one or more third party retailers or e-commerce marketplaces, shall meet the Reformulation Standard for Reformulated Products, as defined by Section 2.2 or be accompanied by a clear and reasonable warning pursuant to Section 2.3.
2.2 Reformulation Standard
For purposes of this Agreement, “Reformulated Products” are defined as Products which, if they contain di(2-ethylhexyl) phthalate (“DEHP”), contains such chemical in a maximum concentration of less than 0.1 percent (1,000 parts per million) when analyzed by a laboratory certified or accredited by the State of California, the United States Food and Drug Administration/Environmental Protection Agency, the National Environmental Laboratory Accreditation Program, or a member accreditation body of the International Laboratory Accreditation Cooperation. For purposes of compliance with this reformulation standard, testing samples shall be prepared and extracted using methodologies accepted by by federal or state government agencies to determine phthalate content in a solid substance.
2.3 Clear and Reasonable Warnings
Commencing 30 days after the Effective Date, Frasier Sterling shall provide clear and reasonable warnings for Products that are not Reformulated Products provided for sale to customers in or into the State of California in accordance with this Section pursuant to Title 27 California Code of Regulations § 25600, et seq. Each warning shall be compliant with Proposition 65 which currently requires, inter alia, that it be prominently placed with such conspicuousness as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use and shall be provided in a manner such that it clearly associated with the specific Products to which the warning applies.
(a) Warnings
Option 1:
WARNING [or] CA WARNING [or] CALIFORNIA 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.P65Warnings.ca.gov.
OR
Option 2:
WARNING [or] CA WARNING [or] CALIFORNIA WARNING: Risk of cancer and reproductive harm from exposure to di(2-ethylhexyl) phthalate (DEHP). See www.P65Warnings.ca.gov.
OR
Option 3:
WARNING [or] CA WARNING [or] CALIFORNIA WARNING: Can expose you to di(2-ethylhexyl) phthalate (DEHP), a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov.
OR
Option 4: The following warning statement may be used on Products manufactured and labeled prior to January 1, 2028:
WARNING: Cancer and Reproductive Harm -- www.P65Warnings.ca.gov.
(b) Foreign Language Requirement.
Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English.
Address:
1601 N. Sepulveda Boulevard, 649
