Case Name:
As You Sow v. Zeikos, Inc.
Court Name:
San Francisco Superior Court
Injunctive Relief:
Defendant agrees, with respect to all Covered Products, to the following forms of injunctive relief.
2.1 Warnings: As of the Effective Date, Defendant agrees to provide Proposition 65 warnings for all Covered Products that contain DEHP. Such warnings shall be deemed to be “clear and reasonable” within the meaning of Proposition 65 and the implementing regulations that appear at Cal. Code Regs, tit. 27, § 25601, provided that the statement that appears below is printed on the label or labeling, for such Covered Products, or is affixed to such labels or labeling by means of adhesive stickers on such Covered Products that identify the Covered Products to which the warnings pertain, provided that such warnings, whether they appear on labels or labeling shall be printed and/or affixed with such conspicuousness, as compared to other words or statements on the label or labeling so as to render the warnings reasonably likely to be read by an ordinary individual under customary conditions of purchase or use:
WARNING: This product contains chemicals known to the State of California to cause cancer and/or birth defects or other reproductive harm.
2.2 Reformulation. Defendant agrees that all Covered Products that are imported, manufactured, packaged, distributed, or marketed for sale or use in California will be 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.
2.3 Availability of Test Data: To the extent that Defendant is otherwise required by law to perform phthalate testing on the Products, Defendant shall, upon request by AYS, provide the results of such testing to AYS on a confidential basis.
Payment in Lieu of Penalty:
$ 18,000.00 (In lieu of additional civil penalties, defendant further shall pay $18,000.00, 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. )