Case Name:
Center for Consumer Safety, LLC v La Moderna
Court Name:
None - this settlement was reached without filing a complaint
Court Docket Number:
N/A - no complaint was filed
Plaintiff:
Center for Consumer Safety, LLC
Defendant:
Grupo La Moderna, S.A. de C.V. (“La Moderna”)
Injunctive Relief:
2.1. Reformulation Standard
Beginning on or before the 30th day following the Effective Date, La Moderna shall be permanently enjoined from manufacturing, distributing, or directly selling in the State of California any Covered Product that results in a “Daily Lead Exposure Level” exceeding 0.5 micrograms of Lead per person per day, based on a single serving, unless the product complies with the warning requirements set forth in Section 2.2. The “Daily Lead Exposure Level’ shall be calculated by multiplying the recommended serving size of the Covered Product by its lead concentration.
2.2. Clear and Reasonable Warning
As an alternative to Section 2.1, beginning on or before the Effective Date, La Moderna shall label all units of the Products manufactured for export into the United States, regardless of whether exported to the State of California or elsewhere, and shall be in compliance with the requirements of the California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements §§ 25601-25602, 25607.1 and 25607.2. La Moderna shall display the following warning statement on the website and on packaging according to §§ 2.3 and 2.4 below . . .
2.4. Packaging Requirements.
La Moderna shall print or affix the warning statements to the packaging of the products in accordance with § 2.2. The Warnings shall be affixed to, displayed, or printed on the Products’ packaging or labeling, or on a place card, shelf tag, sign or electronic device or automatic process, provided that the Warnings are displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read understood by an ordinary individual under customary condition of purchase or use. The Warnings may be contained in the same section of the packaging, labeling, or instruction booklet that states other safety warnings, if any, concerning the use of the Product