Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Gourmet Home Products, LLC
Injunctive Relief:
GOURMET HOME agrees, promises, and represents that after the
Effective Date GOURMET HOME 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 (the “Reformulation Standard”). If GOURMET HOME is not the manufacturer, after the Effective Date it shall purchase only Covered Products
manufactured after the Effective Date that meet the Reformulation Standard.
GOURMET HOME agrees, promises, and represents that, as of the
Effective Date, it shall sell or otherwise distribute only Covered Products manufactured after the Effective Date that meet the “Reformulation Standard”. Any Covered Products in GOURMET HOME’S existing inventory that does not meet the Reformulation Standard shall contain a warning that shall comply with
the warning requirements under Title 27, California Code of Regulations, §25600, et seq. Should GOURMET HOME sell or distribute any Covered Products in existing inventory 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, including as they may be subsequently amended. As between CAG and GOURMET HOME, compliance with this Settlement Agreement shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory and for Covered Products manufactured after the Effective Date,
regardless of when distributed and/or sold by Releasees or Downstream Releasees after the Effective Date.
