Case Name:
CAG v. World Market Management Services, LLC, et al.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 After the Effective Date, BJC Import shall not sell in California, offer for
sale in California, or ship for sale in California any Covered Products unless the level of Cadmium does not exceed 85 parts per billion (“reformulation level(s)”)
unless Proposition 65 compliant warnings are provided 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, BJC Import 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 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 BJC Import
sells 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 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 BJC Import
after the Effective Date:
FOR CADMIUM:
[California Prop. 65] WARNING: Consuming this product can expose you to
chemicals including Cadmium, which are known to the State of California to
cause birth defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov/food.
