Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Injunctive Relief:
3.1. Effective on and after the Effective Date SSCD shall not sell the Covered Products for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless SSCD 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 SSCD 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 90 parts per million (0.009%) lead in any accessible component (“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, or (b) yield a results of less than 1.0 micrograms of lead when sampled according to NIOSH 9100 protocol and analyzed according to EPA 61010B. In addition to the above tests, SSCD 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, SSCD may rely on third party testing from an accredited laboratory.
Address:
1601 N. Sepulveda Boulevard, 649
