Case Name:
Hammond v SILVER BUFFALO LLC
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Injunctive Relief:
3.1. Effective on and after the Effective Date SILVER BUFFALO shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless SILVER BUFFALO provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by SILVER BUFFALO shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date.
3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products (a) containing no more than a combined 90 parts per million (0.009%) lead in all accessible components (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use) analyzed pursuant to US Environmental Protection Agency (EPA) methodologies 3050B or 6010B, and if relying on (a) above, (b) also yield a result of less than 1.0 micrograms of lead in all accessible components sampled according to NIOSH 9100 protocol and analyzed according to EPA 61010B. If test (b) above is relied upon then there is no requirement to conduct the testing described in (a) above. In addition to the above tests, SILVER BUFFALO may use equivalent methods utilized by any California or federal agency to determine the content in a solid substance or the amount of the bioavailability of the toxicant through a wipe test, respectively. In order to determine compliance with this reformulation standard, SILVER BUFFALO may rely on third party testing from an accredited laboratory.
Address:
1601 N. Sepulveda Boulevard, 649
