Case Name:
Chemical Toxin Working Group v. Advanced RX
Plaintiff:
Chemical Toxin Working Group Inc. dba Healthy Living Foundation
Injunctive Relief:
A clear and reasonable Warning shall be provided for each Covered Product that
Company Distributes into the State of California after the applicable compliance date if the Covered
Product causes a Violative Daily Exposure Level. Company may use then-current California
Proposition 65 warning language and methods. Company may use one of the following Warning
statements.
Long-Form Warning: WARNING: Consuming this product can expose you to lead, 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/food.
Legacy Short-Form Warning for a product manufactured and labeled before January 1,
2028: WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov/food.
Chemical-Specific Short-Form Warning: WARNING: Risk of cancer and reproductive harm
from exposure to lead. See www.P65Warnings.ca.gov/food.
2.3.2. A print Warning shall: (a) contain the signal words required by applicable law in all
capital letters and bold print; (b) for a short-form Warning, display the Warning Symbol to the left of
the signal words in a size no smaller than the height of those words; (c) appear in a type size no smaller
than the largest type size used for other Consumer Information and in no case smaller than 6-point type;
(d) be affixed to or printed on the Covered Product, its label, the shipping box, or other immediate
packaging, or provided on a placard, shelf tag, sign, or electronic device as authorized by applicable
law; (e) be conspicuous and likely to be seen, read, and understood by an ordinary consumer under
customary conditions of purchase or use; (f) be set off from surrounding information; and (g) be
enclosed in a box with a bold black border.
2.3.3. If Consumer Information concerning a Covered Product is provided in a language other
than English, Company shall also provide the Warning in that language in addition to English.
2.3.4. Online/Internet Warning. No later than the Online Compliance Date, Company shall
ensure that each Covered Product offered for delivery to a California address through a website, online
marketplace, application, catalog, or other electronic sales channel controlled by Company displays the
Warning before purchase. The Warning shall appear either (a) on the Covered Product's display page,
(b) through a clearly marked hyperlink using the word “WARNING,” “CA WARNING,” or
“CALIFORNIA WARNING” on that display page, or (c) otherwise prominently to the purchaser
before the purchase is completed. The purchaser shall not be required to search for the Warning in
general website content; the warning shall be displayed not lower than the product description.
2.3.5. An online Warning shall be displayed so that an ordinary consumer can see it without
scrolling past the Covered Product's image or price, shall be clearly associated with the Covered
Product, and shall link to www.P65Warnings.ca.gov/food. If a short-form Warning is used online, the
word “WARNING” shall be clickable and shall link to the corresponding full Warning text. The
Warning page shall not contain any other information than the warning text.
2.3.6. Third-Party Sales Channels. No later than the Online Compliance Date, Company shall send
the written Notice to Distributors and Retailers attached as Exhibit A to all Distributors, fulfillment
providers, marketplaces, or retailers through which a Covered Product may be sold or shipped to a
California address. Company shall instruct each recipient not to sell the Covered Product into
California without the Warning. Company shall provide HLF copies of the notices at HLF’s request
and shall obtain written or electronic confirmation of receipt from each recipient. Company’s
obligation as to Distributors or Retailers shall be satisfied by providing Distributors' or Retailers
' authorized agents with the written notice, product identification, and internet warning materials
required by 27 CCR § 25600.2(b)–(c) (as written in Exhibit A) and obtaining written or electronic
confirmation of receipt. After that documented compliance, Company will not be liable under this
Agreement solely for such Distributors and Retailers’ independent failure to post or maintain the
warning.
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