Case Name:
Public Health and Safety Advocates, LLC v. Kimnori USA Inc
Court Name:
Not filed. Private Settlement
Plaintiff:
Public Health and Safety Advocates, LLC
Plaintiff Attorney:
Law Offices of Danialpour & Associates
Injunctive Relief:
Article 2 of Settlement:
INJUNCTIVE RELIEF: REFORMULATION AND WARNINGS
2.1 Reformulation Standard
“Reformulated Products” are defined as: Products for which the level of Lead does not exceed 75 parts per billion (“Default Reformulation Standard”). However, in the event that the California Attorney General determines a different reformulation level to be in the public interest, and sets forth guidelines specifying a maximum level for the Listed Chemical, the Default Reformulation Standard will be superseded by that standard set by the Attorney General’s office (“Attorney General Standard”), and the Attorney General Standard will become the standard for Reformulated Products.
2.2 Reformulation or Warning Commitment
As of the Effective Date, all Products sold by, or on behalf of, Kimnori in the State of California shall be Products that qualify as Reformulated Products as defined in Section 2.1 above, or shall carry appropriate Proposition 65 health hazard warnings as described in Section 2.3 below.
2.3 Clear and Reasonable Warnings
As of the Effective Date, for the Covered Product that do not qualify as Reformulated Products, Kimnori shall provide clear and reasonable warnings on the Covered Product that is manufactures, distributes, sells, or offers for sale in California. The warnings shall be placed with such conspicuousness and prominent manner that will ensure the message is made available and likely to be read, seen, or heard and understood by an ordinary individual under customary conditions prior to or at the time of the sale or purchase. Warnings shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion.
The Parties agree that product labeling stating that: “WARNING: This product contains chemicals known to the State of California to cause cancer, and birth defect or other reproductive harm.” shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Product.
