Case Name:
Arthur Zivkovic v. Wells Lamont LLC, a Delaware Corporation
Court Name:
San Francisco Superior Court
Injunctive Relief:
Commencing six (6) months after the Effective Date, and continuing thereafter, Wells Lamont shall only ship, sell, or offer for sale in California, reformulated Product pursuant to Section 2.2 or Product that is labeled with clear and reasonable warning pursuant to Section 2.3. For purposes of this Consent Judgment, a "Reformulated Product" is Product that meets the standard set forth in Section 2.2 below.
2.2 Reformulation Standard
"Reformulated Product" shall mean Product that contains less than or equal to 1,000 parts per million ("ppm") of DINP when analyzed pursuant to CPSC-CH -C I 00 1-09.3 Standard Operating Procedure for Determination of Phthalates method.
2.3 Clear and Reasonable Warnings
Commencing six (6) months after the Effective Date and continuing thereafter, Wells Lamont shall, for all Product it sells or distributes and which is intended for sale in California that is not a Reformulated Product, or which Wells Lamont has reason to believe will be shipped or sold in California, provide clear and reasonable warnings as set forth in Proposition 65 and related Regulations. The warning shall be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user is reasonably likely to understand to which Product the warning applies, so as to minimize confusion.
With new Regulations set to take effect in 2018, Wells Lamont has the option, without limitation, to use the language set forth in the current Regulations or the language set forth in the 2018 Regulations. In the event that the Office of Environmental Health Hazard Assessment promulgate one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Wells Lamont shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Consent Judgment.