Case Name:
Consumer Advocacy Group v. Ross Stores, Inc.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 Le Miel and HR agrees, promises, and represents that after the Effective
Date Le Miel and HR shall reformulate any Covered Products manufactured after
the Effective Date and offered for sale in California to a point where the level of
DEHP and DINP in the Covered Products does not exceed 0.1% by weight.
3.2 Le Miel and HR agrees, promises, and represents that, as of the Effective
Date, to the extent it ships or sells any Covered Products in existing inventory 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. The warnings shall be provided
in such a conspicuous 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. The Parties agree that product labeling stating that:
FOR DEHP:
WARNING: This product can expose you to chemicals including Diethyl
Hexyl Phthalate and Bis (2-ehtylhexyl) phthalate, which is 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.
FOR DINP:
^WARNING: This product can expose you to chemicals including Diisorionyl
Phthalate, which is known to the State of California to cause cancer. For more
information go to www.P65Wamings.ca.gov
shall constitute compliance with Proposition 65 with respect to the Listed
Chemicals 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 Downstream Releasees after the Effective Date. Where a label used for the Covered product in existing inventory, that exceeds 0.1% of DEHP or
DINP 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 Le Miel or
HR sell or distribute any Covered Products in existing inventory, that exceeds
0.1% of DEHP or DINP, 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.
