Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 All United agrees, promises, and represents that after the Effective Date if
the Covered Products that is offered for sale in California exceed40 parts per
billion (“ppb”) of Lead and 20 ppb of Inorganic Arsenic, All United shall provide
compliant Proposition 65 warnings as provided below.
3.2 All United agrees, promises, and represents that, as of the Effective Date,
to the extent it ships or sells any Covered Products that exceeds the respective
levels of Listed Chemicals specified above, it will provide warnings on such
Covered Products that comply with Proposition 65. The warnings shall be
provided in such a conspicuously 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 product
labeling stating that:
WARNING: Consuming this product can expose you to chemicals
including Lead and Lead Compounds, which is 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
WARNING: Consuming this product can expose you to chemicals
including Inorganic Arsenic, which is known to the State of California to
cause birth defects or other reproductive harm. For more information go to
www.P65Warnings.ca.gov/food.
shall constitute compliance with Proposition 65 with respect to the Listed
Chemical in the Covered Products for any Covered Products which exceed the
respective levels of Listed Chemicals specified above and were distributed and/or
sold by Releasees or Downstream Releasees after the Effective Date. 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 All United sell or distribute any Covered Product 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.
3.3 For any Covered Products still existing in All United’s inventory as of the
Effective Date, All United shall place a Proposition 65 compliant warning on
them, unless the Covered Products does not exceed the respective levels of Listed
Chemicals specified above. Any warning provided pursuant to this section shall
comply with the warning requirements under Title 27, California Code of
Regulations, § 25600, et seq.
