Case Name:
Keep America Safe and Beautiful v. READYWISE, INC; AMAZON.CO
Court Name:
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO
Court Docket Number:
37-2023-00003032-CU-NP CTL
Plaintiff:
Keep America Safe and Beautiful
Injunctive Relief:
Covered Products that are not Reformulated Products shall be accompanied by a
warning as described in Section 3.2 below, no later than 120 days after the Effective Date. The
warning requirements set forth in this Consent Judgment shall apply only to Covered Products that
are distributed, marketed, sold or shipped for sale by READYWISE in the State of California. The
warning requirements shall not apply to products that are already in the stream of commerce as of
the Effective Date or that READYWISE or any downstream distributor, reseller or marketplace
places into the stream of commerce within 120 days of the Effective Date.
Commencing 120 days after the Effective Date, READYWISE shall not sell, offer
for sale, or ship for sale in California any Covered Product, unless the Covered Product is
accompanied by the following on-product warning:
The warning provided pursuant to Section 3.2.2 shall be affixed to or printed on the
Covered Product’s packaging or labeling. The warning shall be prominently affixed to or printed
on the packaging or labeling, and displayed with such conspicuousness, as compared with other
words, statements, or designs as to render it likely to be read and understood by an ordinary
individual under customary conditions of purchase or use. A warning may be contained in the same
section of the packaging or labeling that states other safety warnings, if any, concerning the use of
the product and shall be at least the same size as those other safety warnings, but no less than 6
point font
Internet Warning. In addition, for all products that READYWISE offers for sale
directly to consumers in California via websites under the exclusive control of READYWISE,
READYWISE shall provide a warning for such Products by including the warning set forth above
in §3.2 on one or more of the following: (a) on the same web page on which a Covered Product is
displayed; (b) on the same web page as the order form for a Covered Product; (c) on the same web
page as the price for any Covered Product; or (d) on one or more web pages displayed to a purchaser
during the checkout process. The internet warning described above can also be delivered through a
hyperlink using the words “[California Prop 65] WARNING.
Sell-Through Period. Notwithstanding anything else in this Consent Judgment,
Covered Products that are manufactured, packaged, or put into commerce within one hundred
twenty (120) days of the Effective Date shall be subject to the release of liability pursuant to this
Consent Judgment, without regard to when such Covered Products were, or are in the future,
distributed or sold to customers, such that compliance with the warnings called for in the preceding
paragraphs shall not be required for such products.
Address:
11622 EL CAMINO REAL, STE 100
