60 Day Notice 2024-00252

3.1. Effective on and after the Effective Date, and no later than 90 days after the Effective Date for Covered Products imported, distributed, or manufactured by FANATICS prior to the Effective Date, FANATICS shall not sell the Covered Products for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless FANATICS provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Products that it sells in California. Compliance with this Settlement Agreement by FANATICS shall constitute compliance under Proposition 65 with regard to Covered Products sold or offered for sale by Releasees and Downstream Releasees in California prior to the Effective Date, and Covered Products imported, distributed, or manufactured by FANATICS prior to the Effective Date and sold in California by Releasees and Downstream Releasees within 90 days after the Effective Date. 3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, FANATICS may rely on third party testing from an accredited laboratory. 3.3. The Parties agree that should FANATICS choose to provide a Proposition 65 warning concerning Covered Products sold in California rather than reformulate the Covered Products, any Proposition 65 warning used by FANATICS must meet the requirements set forth in California Code of Regulations, Title 27, Article 6, Subarticle 2 for Covered Products containing DEHP and appropriate in method and content for the given method of sale to the consumer in California (“Compliant Warnings”).