60 Day Notice 2021-02673

3.1 Defendants agree, promise, and represent that Defendants shall order for sale reformulated Covered Products, from its suppliers, after the Effective Date that are offered for sale in California to a point where the level of DEHP in the Covered Products does not exceed 0.1% by weight. 3.2 Defendants agree, promise, and represent that, as of the Effective Date, to the extent they ship or sell any Covered Products in existing inventory that were not ordered as reformulated from Defendants suppliers, , Defendants will provide a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., for cancer and reproductive harm unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). This 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 by or via any online marketplace(s) of Downstream Releasees after the Effective Date. Where a label used for the Covered Products 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 Defendants sell or distribute any Covered Products in existing inventory, that exceeds 0.1% of DEHP, through the internet the Defendants shall comply with 27 CCR sections 25601 and 25602, as they may be subsequently amended. To avoid any doubt, and for clarity, it is agreed that Defendants’ downstream vendors will not be obligated to perform any of the duties described herein, nor will Defendants be required to recall or otherwise retake possession of any Covered Products from any of their downstream vendors or place warning labels on them. The duties contained herein apply only with regard to Covered Products in Defendants’ actual inventory or sold by Defendants after the Effective Date, not the inventory of any downstream vendors, including Downstream Releasees.