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.
