Case Name:
ArthuR Zivkovic v. Flexon Industries Corporation
Court Name:
San Francisco Superior Court
Defendant:
Flexon Industries Corporation
Injunctive Relief:
By no later than the Compliance Date, and continuing thereafter, Defendant shall only
manufacture and package for shipment to California, Products that meet the Reformulation Standard set forth in Section 2.1 below (“Reformulated Products”) or which meet the warning requirements set forth in Section 2.2 below.
2.1 Reformulation Standard
For purposes of this Consent Judgment, Reformulated Products are defined as Products
for which the accessible portions of their poly vinyl chloride (“PVC”) components (i.e., those that can be mouthed or touched by an ordinary consumer during reasonably foreseeable use) contain no more than 1,000 parts per million (0.1%) each of any of the following chemicals: DEHP,DIDP, DBP, DINP, BBP, and DnHP (“Listed Phthalates”). For purposes of determining compliance with this Consent Judgment, the content of Listed Phthalates shall be analyzed pursuant to EPA testing methodologies 3580A and 8270C or equivalent methodologies utilized by state or federal agencies for the purpose of determining Listed Phthalate content in a solid substance.
2.2 Product Warnings
For all Products that contain a Listed Phthalate in an amount exceeding the Reformulation Standard set forth in Section 2.1 above, and which are manufactured and packaged for shipment to California following the Compliance Date, Defendant shall provide the following Proposition
65 warning:
WARNING: This product contains chemicals known to the State of California to
cause cancer, and birth defects or other reproductive harm.
The above warning statement shall be placed on the Product’s package in at least ten (10) point font and either set within a box or separated from other warning text by at least one line so as to be able to be read and understood by an ordinary individual prior to purchase or use.
2.3 Required Certification and Potential Penalty for Delay in Compliance
By no later than October 31, 2017, Defendant shall provide a certification to Zivkovic
confirming compliance with the injunctive relief provisions of this Consent Judgment in the manner specified above. In the event that Defendant fails to provide Zivkovic with the required certification, it shall, by no later than December 31, 2017, fully address any outstanding compliance requirements or terminate further distribution to California of the product lines in question and make an additional payment of $15,000 to the Nicholas & Tomasevic, LLP Client Trust Account, which shall be paid in a single lump sum. The full $15,000 shall constitute a penalty pursuant to California Health & Safety Code section 25249.7(b), such money to be apportioned by Plaintiff in accordance with California Health & Safety Code Section 25249.12.
