Case Name:
Keep America Safe and Beautiful v. Quinoa
Court Name:
Orange County Superior Court
Plaintiff:
Keep America Safe and Beautiful
Injunctive Relief:
Commencing one hundred eighty (180) days after the Execution Date, Quinoa
shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in
California any Covered Products, unless the sales and distribution of the Covered Products are in
full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable
Warning Requirements § 25601-25603 (see also: “www.P65Warnings.ca.gov.”). Covered
Products that were manufactured, packed, or labeled prior to the Execution Date and up to 180
days after the Execution Date shall be permitted to be sold as previously manufactured, packed
or labeled. As used in this Settlement Agreement, the term "distributing in California"
shall mean to directly ship a Covered Product into California for sale in California or to
sell a Covered Product to a distributor that Quinoa knows or has reason to know will sell
the Covered Product in California. Clear and Reasonable Warnings. If Quinoa is required to provide a warning
pursuant to Section 2.1, the language of that warning shall be as follows:
For purposes of this Settlement Agreement, the term "label" means a display of
written, printed or graphic material that is printed on or affixed to a Covered Product or
its immediate container or wrapper. If KASB alleges that any Covered Product fails to adhere to this
Agreement, then KASB shall inform Quinoa in a reasonably prompt manner of its test results, including information sufficient to permit Quinoa to identify the Covered Products at issue and investigate. The Parties shall first attempt to resolve the matter prior to KASB taking any further legal action including the filing of a Notice of Violation.