Court Name:
San Francisco Superior Court
Plaintiff Attorney:
Robert S. Perlmutter, Shute, Mihaly & Weinberger LLP
Injunctive Relief:
2. INJUNCTIVE RELIEF: WARNINGS OR REFORMULATION
Defendant agrees, with respect to all Covered Products, to the following injunctive relief.
2.1 Reformulation. Defendant agrees that all Covered Products that are imported, manufactured, packaged, distributed, or marketed for sale in California after the Effective Date have been reformulated, in a manner consistent with the requirements of Health and Safety Code section 108939, so as not to contain DEHP in concentrations exceeding 0.1% or 1000 parts per million. In reformulating the Products to remove DEHP, Defendant may not replace DEHP with dibutyl phthalate (“DBP”), butyl benzyl phthalate (“BBP”), di-n-hexyl phthalate (“DnHP”) or di-isodecyl phthalate (“DIDP”) in amounts of more than 0.1%. For any Covered Products that contain DEHP in amounts equal to or less than concentrations of 0.1%, no Proposition 65 warning shall be required for DEHP. Until January 1, 2013, this paragraph 2.1 shall not apply to any products that were imported, manufactured, or distributed for sale in California prior to July 1, 2011.
2.2 Availability of Test Data: To the extent that Defendant is otherwise required by law to perform phthalate testing on the Covered Products, Defendant shall, upon request by AYS, provide the results of such testing to AYS on a confidential basis.
Payment in Lieu of Penalty:
$ 60,000.00 (In lieu of additional civil penalties, Defendant shall pay sixty thousand dollars ($60,000), with this amount to be used by As You Sow for grants to California non-profit organizations and by AYS Environmental Enforcement Fund. These funds shall be used to reduce exposures to toxic chemicals and to increase consumer, worker, and community awareness of the health hazards posed by toxic chemicals in California.)
