Case Name:
CAG v. Medline Industries
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
Medline agrees, promises, and represents that by the tenth day after the Effective Date of this Settlement Agreement, it will reformulate the Covered Product to a point where the level of DEHP in the Covered Product does not exceed 0.1%.
Medline agrees, promises, and represents that, as of the Effective Date, to the extent it ships any Covered Product in inventory that has not been reformulated, it will provide warnings on such Covered Product that comply with Proposition 65. The warnings shall be provided in such a conspicuously and prominent manner that will assure the message is made available and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that product labeling stating that “This product contains chemicals known to the State of California to cause cancer, or birth defects, or other reproductive harm” shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Product for any Covered Product in inventory that had not been reformulated and was distributed and/or sold by Releasees or Downstream Releasees after the Effective Date.
Payment in Lieu of Penalty:
$ 5,000.00 (CAG uses the funds obtained from settlements for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances (including administrative and litigation costs arising from such projects).)
Address:
9100 wilshire blvd, suite 610E
