Case Name:
Larsen Supply Company; True Value
Injunctive Relief:
Commencing on the Effective Date, Lasco shall not ship, sell, or offer to sell in California a Product(s) that is/are manufactured, distributed or sold by Lasco containing more than 100ppm lead.
Reformulation Option.
The Products shall be deemed to comply with Proposition 65 with regard to lead and be exempt from any Proposition 65 warning requirements for lead if the exposed brass or other metal components that are part of the Products meet the following criteria: (a) the alloy from which the components are made shall have no lead as an intentionally added constituent; and (b) the alloy from which the components are made shall have a lead content by weight of no more than 0.01% (100 parts per million, or “100 ppm”). Lasco may comply with the above requirements by relying on information obtained from its suppliers regarding the content of the alloy from which the components are made, provided such reliance is in good faith. Obtaining test results showing that the lead content is no more than 0.03%, using a method of sufficient sensitivity to establish a limit of quantification (as distinguished from detection) of less than 100 ppm shall be deemed to establish good faith reliance.
Warning Alternative.
Products that Lasco ships, sells or offers for sale in California that do not meet the warning exemption standard set forth above shall be accompanied by a warning as described below. Where warnings are utilized, Lasco shall certify periodically that it is affixing the prescribed warnings. Proposition 65 warnings as follows:
California Prop. 65 WARNING: This product contains lead, a chemical known to the State of California to cause birth defects or other reproductive harm.
OR
California Prop. 65 WARNING: This product contains one or more chemicals known to the State of California to cause cancer and birth defects or other reproductive harm. Where utilized as an alternative to meeting the Reformulation Option, Lasco shall provide the warning language either:
(a) With the unit package of the Products or affixed to the Products. Such warning shall be prominently affixed to or printed on each Product’s label or package or the Product itself. If printed on the label, the warning shall be contained in the same section that states other safety warnings, if any, concerning the use of the Product; Lasco may continue to utilize, on an ongoing basis, unit packaging containing substantively the same Proposition 65 warnings as those set forth in Section 2.3 above, but only to the extent such packaging materials have already been printed within ninety days of the Effective Date, or
(b) In the owner’s manual of another product in which the Product is a component, but only if the other product: (i) may cause serious injury or bodily harm unless used as directed; (ii) is sophisticated, difficult to understand or install, set-up, or assemble; or (iii) has one or more features a consumer must read about in order to know how to program or use the Product. If the warning is given in the owner’s manual pursuant to this subsection, it shall be located in one of the following places in the manual: the outside of the front cover; the inside of the front cover; the first page other than the cover; or the outside of the back cover. The warning shall be printed or stamped in the manual or contained in a durable label or sticker affixed to the manual in a font no smaller than the font used for other chemically-related safety warnings in the manual. Alternatively, the warning may be included in a safety warning section of the owner’s manual. Lasco may continue to utilize, on an ongoing basis, owner’s manuals containing substantively the same Proposition 65 warnings and without the additional admonitions as those set forth above, but only to the extent such manuals have already been printed within ninety days of the Effective Date. Owner’s manual warnings may only be allowed if the owner’s manual is sold in the same package and at the same time as the other product and not for Products sold separately.
