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.
