Hammond v General Discount
Joseph D. Agliozzo, Law Corporation
3.1. Effective on and after the Effective Date GDS 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 GDS provides a clear and reasonable warning for any non-reformulated Covered Product that it sells in California.
3.2. Except as provided above, effective on and after the Effective Date, GDS agrees to only sell in 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 (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, GDS may rely on third party testing from an accredited laboratory.
3.3. The Parties agree that any of the following warnings shall constitute a “Compliant Warning” for the Listed Chemical in the Covered Product:
(a) the text, "WARNING This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP), which is known to the State of California to cause cancer or reproductive harm. For more information go to www.P65Warnings.ca.gov.” accompanied by and placed to the right of a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline sized to be no smaller than the word “WARNING” as provided by regulations adopted on or about August 30, 2016; or
(b) the text, “WARNING Cancer or Reproductive Harm – www.P65Warnings.ca.gov.” accompanied by and placed to the right of a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline sized to be no smaller than the word “WARNING” as provided by regulations adopted on or about August 30, 2016.
The triangular warning symbol specified in Section 3.3 shall be in yellow with a black exclamation mark; provided however, the symbol may be printed in black and white if the Covered Product label is not printed against a yellow background.
3.4. The Parties agree that the specifications for Compliant Warnings in this Settlement Agreement comply with Proposition 65 and its regulations as of the date of this Settlement Agreement, and with regulations adopted on or about August 30, 2016 and which become effective August 30, 2018.
3.5. If modifications or amendments to Proposition 65 or its regulations after the Effective Date are inconsistent with, or provide warning specifications or options different from, the specifications in this Settlement Agreement, Defendant may modify the content and delivery methods of its warnings to conform to the modified or amended provisions of Proposition 65 or its regulations.