Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
JD E-Commerce America Limited
Injunctive Relief:
3.1 After the Effective Date, JD E Commerce agrees, promises, and represents
that Covered Products sold or offered for sale via JD E Commerce in California
will be reformulated to a point where the level of DEHP in the Covered Products
does not exceed 0.1% by weight.
3.2 JD E Commerce agrees, promises, and represents that, as of the Effective
Date, to the extent Covered Products in its existing inventory, if any, are sold or
offered for sale in California that have not been reformulated, it will provide
warnings on such Covered Products that comply with Proposition 65. The
warning shall be consistent with Title 27 California Code of Regulations, §§
25600 et seq. 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 likely, to be read and understood by ordinary individual
under customary conditions before purchase or use. The Parties agree that the
following warning language shall constitute compliance with Proposition 65 with
respect to the alleged Listed Chemical in the Covered Products in existing
inventory:
WARNING: This product can expose you to chemicals including Di (2-
Ethylhexyl) Phthalate (DEHP), which is known to the State of California to cause
cancer and birth defects or other reproductive harm. For more information go to
www.P65Wamings.ca.gov.
Where the packaging used for 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.
If non-reformulated Covered Products in existing inventory are sold or
offered for sale via JD E Commerce via the internet to consumers in California,
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 Covered Products not in its existing inventory, if any, JD E Commerce
may comply with this Settlement Agreement by ceasing sales of non-reformulated
Covered Products in California via its e-commerce marketplaces, including on
Walmart.com.
