Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 After the Effective Date, California Snax shall not sell in California, offer
for sale in California, or ship for sale in California any Covered Products unless
the level of Lead and the level of Cadmium do not exceed the levels
(“reformulation level(s)”) specified below unless Proposition 65 compliant
warnings are used as set forth in the following paragraphs.
Lead: an exposure of no more than 0.5 micrograms of Lead based on a single
serving per day.
Cadmium: an exposure of no more than 4.1 micrograms of Cadmium based on a
single serving per day.
For purposes of assessing compliance with this reformulation level, the exposure
shall be calculated by multiplying the recommended serving size of the Covered
Products by the concentration of Lead in the Covered Products.
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, California Snax 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 cancer and 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
California Snax sells or distributes any Covered Products 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, for sales to consumers in California. The Parties agree that the following warning language shall constitute compliance
with Proposition 65 with respect to alleged Listed Chemicals in the Covered
Products manufactured and placed into the steam of commerce by California Snax
after the Effective Date:
FOR LEAD:
[California Prop. 65] WARNING: Consuming this product can expose you to
chemicals including Lead, which are 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/food. FOR CADMIUM:
[California Prop. 65] WARNING: Consuming this product can expose you to
chemicals including Cadmium, which are 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/food.
