Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 Pulmuone agrees, promises, and represents that after the Effective Date Pulmuone shall
either not sell in California, offer for sale in California, or ship for sale in California any (i)
Seaweed To Go Packs unless the level of the Lead does not exceed 75 parts per billion (“ppb”),
or (ii) any Dried Seaweed, Sliced Dried Seaweed and Seaweed To Go unless the level of Lead
does not exceed 75 ppb, and the level of Cadmium does not exceed 85 ppb, or (iii) any Dried
Seaweed unless the level of Lead does not exceed 75 ppb, level of Cadmium does not exceed
85 ppb and level of Arsenic does not exceed 15 ppb, or provide a Proposition 65 compliant
warning for such products sold in California if they exceed these levels as set forth in the
following paragraphs. 3.2 For any Covered Products that exceed the levels of the Listed
Chemicals set forth above that are manufactured for distribution and/or sale into California after
the Effective Date, Pulmuone must provide a Proposition 65 compliant warning for the Covered
Products as set forth in Proposition 65 and its implementing regulations and/or as set forth below.
The warning shall be consistent with Title 27 California Code of Regulations, § 25607.2. The
warning shall be provided for cancer and birth defects, or other reproductive harm. Any warning provided pursuant to this section shall be affixed to the packaging of, or directly on, the Covered
Products, and be prominently placed with such conspicuousness as compared with other words,
statements, designs, or devices as to render it reasonably likely to be read and understood by an
ordinary individual under customary conditions before purchase or use. The warning must be set
off from other surrounding information and enclosed in a box. Where the packaging of the
Covered Product 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 Pulmuone sells or distributes any Covered Products
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, for sales to consumers in California. The Parties agree that the following warning
language are examples of what shall constitute compliance with Proposition 65 with respect to
alleged Listed Chemicals in the Covered Products manufactured and placed into the steam of
commerce by Pulmuone after the Effective Date, provided, however, that a label which is
otherwise in compliance with Proposition 65, and which may be different than one of the
examples listed below, shall also be deemed compliant: For Lead, Cadmium or Arsenic, as
Applicable: [California Prop. 65] WARNING: Consuming this product can expose you to
chemicals including, Lead which are known to the State of California to cause cancer and birth
defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
Or [California Prop. 65] WARNING: Consuming this product can expose you to chemicals
including Cadmium, which are known to the State of California to cause birth defects or other
reproductive harm. For more information go to www.P65Warnings.ca.gov/food. Or [California
Prop. 65] WARNING: Consuming this product can expose you to chemicals including Inorganic
Arsenic Oxide, which are known to the State of California to cause birth defects or other
reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
