Case Name:
TAMAR KALOUSTIAN v. QUALITY SUPPLEMENTS &VITAMINS, INC.
Court Name:
Los Angeles County Superior Court
Defendant:
QUALITY SUPPLEMENTS &VITAMINS, INC.
Injunctive Relief:
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 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 either of the Proposition 65 warnings (each a “Warning” and collectively “Warnings”) as follows:
OPTION 1
WARNING: 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.P65Warnings.ca.gov/food.
For Option 1, Defendant shall use the phrase “cancer and” in the Warning if Defendant has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Defendant has reason to believe that another Proposition 65 chemical is present which may require a cancer warning.
OPTION 2
Defendant may elect to use the one of the following short form Warnings which is applicable based whether the Warning must be for cancer, reproductive harm or both:
WARNING: Reproductive Harm - www.P65Warnings.ca.gov.
WARNING: Cancer - www.P65Warnings.ca.gov.
WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov.
For Option 2, the entire Warning must be in a type size no smaller than the largest type size used for other consumer information (as defined in 27 Cal. Code Regs. 25600.1 (2019)) on the product. In no case shall the Warning appear in a type size smaller than 6-point type. Further, for Option 2, a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline shall be placed to the left of the text of the Warning, in a size no smaller than the height of the word “WARNING.” Where the sign, label or shelf tag for the product is not printed using the color yellow, the symbol may be printed in black and white.
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.
Address:
230 N. Maryland Avenue, Suite 306