Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc
Injunctive Relief:
KW Fashion agrees, promises, and represents that after the Effective Date
KW Fashion 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 exceed 0.1% by weight.
3.2 KW Fashion 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 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 that:
WARNING: This product can expose you to chemicals including Di(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.
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
Downstream Releasees after the Effective Date. Where a label used for the
Covered product 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 KW Fashion 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.