60 Day Notice 2011-00929

Defendant agrees, with respect to all Covered Products, to the following injunctive relief. 2.1 As of the Effective Date, Defendant shall not manufacture for sale in California or manufacture for sale to a third party for retail sale in California any Covered Product that contains more than 10 parts per million (ppm) of 1-4,-dioxane allowing for normal analytical variability as defined by the quality control methodology set forth in Exhibit A attached hereto. 2.2 No later than 30 days after the last signature on this agreement, Defendant agrees to provide As You Sow with 5 ounces of any shampoo base used by Defendant to produce the Covered Products, the name and address of the manufacturer of the shampoo base, and a chain of custody in the form set forth in Exhibit B. 2.3 A Covered Product manufactured, distributed, or sold by Defendant may, as an alternative to meeting the reformulation standards in Section 2.1 above or discontinuing distribution for sale in California pursuant to Section 2.2 above, be sold or offered for retail sale in California after the Effective Date, with a Clear and Reasonable Warning that states: WARNING: This product contains 1,4-dioxane, a chemical known to the State of California to cause cancer. This statement shall be prominently displayed on the Covered Product or the packaging of the Covered Product with such conspicuousness, as compared with other words, statements or designs, as to render it likely to be read and understood by an ordinary individual prior to sale. For internet, catalog or any other sale where the consumer is not physically present and cannot see a warning displayed on the covered Product or the packaging of the Covered Product prior to purchase or payment, the warning statement shall be displayed in such a manner that it is likely to be read and understood prior to the authorization of or actual payment.