Joseph D. Agliozzo, Law Corporation
3.1. BB shall not sell the Covered Product for distribution in California in the future
and shall not resume sales of the Covered Product in California unless the product
meets the reformulation standard set forth in Paragraph 3.2 or unless BB provides
a clear and reasonable warning for any non-reformulated Covered Product that it
ships, sells, or offers to ship or sell in California.
3.2. Except as provided above, upon the Effective Date, BB agrees to only
manufacture for sale or purchase for sale in or into California, “Reformulated
Covered Products.” For purposes of this Settlement Agreement, “Reformulated
Covered Products” are Covered Products containing no more than 1,000 parts per
million (0.1%) DEHP in any accessible component (i.e., any component that may
be touched during use). In order to determine compliance with this reformulation
standard, BB may rely on third party testing from an accredited laboratory.