Case Name:
Consumer Advocacy Group, Inc v. Ross Dress for Less, Inc.
Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1) After the Effective Date, Ross shall not order any Covered Products for sale into California, with any component that contains the Listed Chemical(s) in excess of 0.1% (1,000 parts per million) by weight. 3.2) Any Covered Products that Ross sells, distributes, or ships into California after the Effective Date that were ordered prior to the Effective Date, must contain a clear and reasonable warning, consistent with 27 CCR section 25600 et seq., unless it contains no more than 0.1% by weight (1,000 ppm) of the Listed Chemical(s). Any warnings provided pursuant to this Section 3.2 shall be affixed to the packaging of, or directly on, or attached to the Covered Products, and be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. The Parties agree that the following warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products that Ross sells, distributes or ships into California after the Effective Date that contains the Listed Chemical(s) in excess of 0.1%
(1,000 parts per million) by weight: 3.3) For Products containing DEHP: WARNING: This product can expose you to chemicals including Bis(2-ethylhexyl) phthalate (“DEHP”), 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 3.4 For Products containing DINP: WARNING: This product can expose you to chemicals including Diisononyl Phthalate (“DINP”), which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov 3.5) Covered Products already distributed to Downstream releases prior to the Effective Date may continue to be sold through as is.