Case Name:
Hammond v Kennedy International, Inc.
Plaintiff Attorney:
Joseph D. Agliozzo, Law Corporation
Defendant:
Kennedy International, Inc.
Injunctive Relief:
3.1. On and after the effective date, Kennedy shall not sell the Covered Product for
distribution in California in the future and shall not resume sales of the Covered Product
in California unless the product meets the reformulation standard set forth in Paragraph
3.2 or unless Kennedy provides a clear and reasonable warning for any non-reformulated
Covered Product that it ships, sells, or offers to ship or sell in California.
3.2. Except as provided above, on and after the effective date, Kennedy agrees to only
manufacture for sale or purchase for sale in or into California, “Reformulated Covered
Products.” For purposes of this Settlement Agreement, “Reformulated Covered
Products” are Covered Products containing no more than 1,000 parts per million (0.1%)
DINP in any accessible component (“accessible component” is defined as any component
that could be touched by a person during reasonably foreseeable use). In order to
determine compliance with this reformulation standard, Kennedy may rely on third party
testing from an accredited laboratory.
