Los Angeles County Superior Court
Consumer Advocacy Group, Inc.
3.1 Advantus agrees that Advantus shall reformulate any Covered Products
manufactured after the Effective Date and offered for sale in California to a point
where the level DEHP in the Covered Products does not exceed 0.1% by weight.
3.2 Advantus agrees, promises, and represents that, as of the Effective Date, to
the extent it ships or sells any Covered Products in existing inventory that have
not been reformulated, it will provide warnings for cancer and reproductive
toxicity on such Covered Products that comply with warning requirements under
Title 27, California Code of Regulations, §§ 25600, et seq. The warnings shall be
provided in such a conspicuous 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 such
warnings shall constitute compliance with Proposition 65 with respect to the
Listed Chemical in the Covered Products for any Covered Products in existing
inventory that had not been reformulated and were distributed and/or sold by
Releasees or Downstream Releasees after the Effective Date. Where a label used
for the Covered product in existing inventory, that exceeds 0.1% of DEHP
includes consumer information as defined by California Code of Regulations title
27 §25600.1(c) in a language other than English, the warning must also be
provided in that language in addition to English. Should Advantus sell or
distribute any Covered Products in existing inventory, that exceeds 0.1% of
DEHP, through the internet the warning will be posted in the manner provided for
with respect to internet sales, as provided for in 27 CCR sections 25601 and
25602, as they may be subsequently amended.