Kaloustian v. Rite-Aid Corporation
Los Angeles County Superior Court
Commencing Ninety (90) days after the Effective Date, Defendant shall not ship, sell, or offer to sell in California a Covered Product(s) that is/are manufactured, distributed or sold by Defendant for which the serving size suggested on the label contains more than 0.5 micrograms of lead per day unless the label of the Covered Product contains a Proposition 65 compliant warning as set forth in Section 2.3. Ninety (90) days after the Effective Date in California, Covered Products manufactured, distributed or sold by Defendant shall either be (a) reformulated pursuant to Section 2.1, or (b) include a warning as provided in Section 2.3.
2.1 Reformulation Option. The Covered Products shall be deemed to comply with Proposition 65 with regard to lead and be exempt from any Proposition 65 warning requirements for lead if the product contains a lead content less than 0.5 micrograms per serving, per day.
2.2 Warning Alternative. Commencing on the Effective Date, Covered Products that Defendant ships, sells or offers for sale in California that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below no later than Ninety (90) days after the Effective Date. The warning requirements set forth in paragraph 2.3 below, apply only to Covered Products Defendant manufactures, distributes, markets, sells or ships for distribution Ninety (90) days after the Effective Date for sale or use inside the State of California.
2.3 Warnings. Where required under Section 2.2 above, Defendant shall provide one of the following Proposition 65 warnings:
WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
WARNING: This product contains [lead,] a chemical known to the State of California to cause cancer and birth defects or other reproductive harm.
WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov.
2.4 Where utilized as an alternative to meeting the reformulation criteria set forth in Section 2.1, Defendant shall provide the warning language set forth in Section 2.3:
(a) With the unit package of the Covered Products or affixed to the Covered Products. Such warning shall be prominently affixed to or printed on each Covered Product’s label or package. If printed on the label, the warning shall be contained in the same section that states other safety warnings, if any, concerning the use of the Covered Product; Defendant may continue to utilize, on an ongoing basis, unit packaging containing substantively the same Proposition 65 warnings as those set forth in Section 2.3 above, but only to the extent such packaging materials have already been printed within one hundred twenty days of the Effective Date.
2.5 The requirements for warnings, set forth in Section 2.3 above are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations and that they may or may not be appropriate in other circumstances.
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