Case Name:
CAG v. Fabrica de Conservas A Poveira S.A.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Fabrica de Conservas A Poveira S.A.
Injunctive Relief:
3.1 Poveira agrees, promises, and represents that after the Effective Date Poveira shall either not sell in California, offer for sale in California, or ship for sale in California any Sardine Paste unless the level of the Cadmium does not exceed 50 parts per billion (“ppb”), or provide a Proposition 65 compliant warning for such products sold in California if they exceed these levels asset forth in the following paragraphs. 3.2 For any Covered Products that exceed the levels of the Listed Chemicals set forth above that are manufactured for distribution and/or sale into California after the Effective Date, Poveira must provide a Proposition 65 compliant warning for the Covered Products as set forth in Proposition 65 and its implementing regulations and/or as set forth below. The warning shall be consistent with Title 27 California Code of Regulations, § 25607.2. The warning shall be provided for birth defects, or other reproductive harm. 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 reasonably likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The warning must be set off from other surrounding information and enclosed in a box. 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 Poveira sell or distribute any Covered Products through internet websites 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, for sales to consumers in California.
Address:
9100 Wilshire Blvd., Suite 240W