Hammond v Gina Group and Gina Concepts
Joseph D. Agliozzo, Law Corporation
3.1 3.1. Effective on and after the Effective Date, GINA shall not sell the Covered Product, or any other translucent PVC waist/fanny packs, for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless GINA 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 GINA 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 translucent PVC waist/fanny packs containing no more than 1,000 parts per million (0.1%) of DEHP, BBP (or Butyl benzyl phthalate), DBP (or Di-n-butyl phthalate), DIDP (or Di-isodecyl phthalate), DINP (or Diisononyl phthalate), or DnHP (or Di-n-hexyl phthalate) 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, GINA may rely on third party testing from an accredited laboratory.
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