Case Name:
CAG v. ACCEL PERFORMANCE GROUP, LLC.
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
ACCEL PERFORMANCE GROUP, LLC.
Injunctive Relief:
ACCEL, promises, and represents that within sixty (60) days from the Effective Date, ACCEL shall reformulate any Covered Product manufactured after the Effective Date and offered for sale in California to a point where the level of DEHP in the Covered Product does not exceed 0.1% by weight or shall cease importing or selling any Covered Product in California.
ACCEL agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Product in its existing inventory that have 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 “WARNING: This product contains chemicals known to the State of California to cause cancer and 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 ACCEL’s existing inventory (as of the Effective Date) that have not been reformulated and is subsequently
Payment in Lieu of Penalty:
$ 5,000.00 (CAG will use the payment lieu of civil penalties for such projects and purposes related to environmental protection, worker health and safety, or reduction of human exposure to hazardous substances.
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Address:
9100 Wilshire Blvd. Suite 240W