Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 InvenTel agrees, promises, and represents that InvenTel shall reformulate
any Covered Products manufactured after the Effective Date and offered for sale
in California to a point where the level of DEHP in the Covered Products does not been reformulated, it will provide warnings on such Covered Products that
comply with Proposition 65. The warnings shall be provided in such a
conspicuous and prominent manner that will assure the message is made available
and likely to be read, seen, or heard by the consumer prior to or at the time of the
sale or purchase. The Parties agree that product labeling stating :
WARNING: This product can expose you to chemicals including Diethyl
Hexyl Phthalate, 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.
Or
WARNING: Cancer and Reproductive Harm -- www.P65Warnings.ca.gov.
shall constitute compliance with Proposition 65 with respect to the Listed
Chemical in the Covered Products for any Covered Products in existing inventory
that had not been reformulated and were distributed and/or sold by Releasees or
by or via any online marketplace(s) of Downstream Releasees after the Effective
Date. Inventel may provide any warnings compliant with Title 27, California
Code of Regulations, § 25600, et seq. Where a label used for the Covered
Products in existing inventory, that exceeds 0.1% of DEHP includes consumer
information as defined by California Code of Regulations title 27 §25600.1(c) in a
language other than English, the warning must also be provided in that language
in addition to English. Should InvenTel sell or distribute any Covered Products in
existing inventory, that exceeds 0.1% of DEHP, through the internet the warning
will be posted in the manner provided for with respect to internet sales, as
provided for in 27 CCR sections 25601 and 25602, as they may be subsequently amended. To avoid any doubt, and for clarity, it is agreed that the Downstream
Releasees will not be obligated to perform any of the duties described herein, nor
will InvenTel be required to recall or otherwise retake possession of any Covered
Products from any of the Downstream Releasees or place warning labels on
them. The duties contained herein apply only with regard to Covered Products in
actual inventory, not the inventory of any Downstream Releasees.
not exceed 0.1% by weight.
3.2 InvenTel agrees, promises, and represents that, as of the Effective Date, to
the extent it ships or sells any Covered Products in existing inventory that have
