Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Defendant:
BeCool Import & Export, Inc.
Injunctive Relief:
3.1. Effective on and after the Effective Date Be Cool 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 Be Cool 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, Be Cool 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%) DINP 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, Be Cool may rely on third party testing from an accredited
laboratory.