Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 U.S. Trading agrees, promises, and represents that after the Effective Date if the Covered Products that is offered for sale in California exceed 20 parts per
billion (“ppb”) of Lead, U.S. Trading shall provide compliant Proposition 65 warnings as provided below.
3.2 U.S. Trading agrees, promises, and represents that, as of the Effective Date, to the extent it ships or sells any Covered Products containing more than 20ppb of Lead, it will provide warnings on such Covered Products that comply with Proposition 65. Such warnings shall be consistent with 27 CCR section 25600 et seq., unless it contains no more than 20ppb of Lead. 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. Covered Products that contain more than 20ppb of Lead shall carry a warning for cancer and reproductive toxicity. 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 U.S. Trading sell or distribute any Covered Product 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.
3.3 For any Covered Products still existing in U.S. Trading’s inventory as of the Effective Date, U.S. Trading shall place a Proposition 65 compliant warning on them, unless the Covered Products does not exceed the level of Lead specified above. Any warning provided pursuant to this section shall comply with the warning requirements under Title 27, California Code of Regulations, § 25600, et seq.
