Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
After the Effective Date, unless the Settling Defendants provide a Proposition 65 compliant warning for the Covered Products as set forth below, they shall not sell in California, offer for sale in California, or ship for sale in California, any of the Covered Products manufactured after the Effective Date unless the level of the Listed Chemicals does not exceed the levels specified below. “Parts per billion” is hereinafter referred to as “ppb”.
3.1.1 Seaweed (as defined herein): Lead of 75 parts per billion (ppb), Cadmium of 85 ppb, Arsenic of 15ppb.
3.1.2 Ground Shrimp (as defined herein): Arsenic: 20ppb.
3.2 For any of the Covered Products that exceed their respective levels of the Listed Chemicals as set forth above that are manufactured for sale in California after the Effective Date, the Defendants must provide a Proposition 65 compliant warning for the Covered Products as set forth below. 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. Any warnings shall be consistent with 27 CCR section 25600 et seq and such warnings shall be for cancer and
reproductive toxicity. Where a label is used for the Covered Product exceeds the respective levels of Listed Chemicals and 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 that exceeds respective levels of Listed Chemicals through the internet, the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR section 25602(b), as may be subsequently amended. The
Parties agree that the warning language described above shall constitute compliance with Proposition 65 with respect to the Listed Chemicals in the Covered Products manufactured for sale in California by the Defendants after the Effective Date.
3.3 For any Covered Products still existing in the Defendant's inventory as of the Effective Date, Defendants shall place a Proposition 65 compliant warning on them, unless the Covered Products do not exceed their respective levels of Listed Chemicals listed in Section 3.1 above.
