Joseph D. Agliozzo, Law Corporation
3.1. Effective on and after the Effective Date SUTTON shall not sell Covered
Products for distribution in California unless the Covered Products are either
“Reformulated Covered Products” as definited in Paragraph 3.2, or unless
SUTTON provides a Compliant Proposition 65 Warning as defined in Paragraph
3.3. Compliance with this Settlement Agreement by SUTTON shall constitute
compliance with Proposition 65 with regard to Covered Products sold, offered for
sale, imported, manufactured or otherwise distributed after the Effective Date.
3.2. 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. For purposes of this Settlement Agreement,
“accessible component” is defined as any component that can be touched by a
person during reasonably foreseeable use of the Covered Products. In order to
determine compliance with this reformulation standard, SUTTON may rely on
third-party testing from an accredited laboratory.
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