Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc
Injunctive Relief:
Jem agrees, promises, and represents that Jem shall reformulate any Suction Cup Phone Mount with PVC Components manufactured after the Effective Date and offered for sale in California to a point where the level of DINP in the Covered Products does not exceed 0.1% by weight. Jem agrees, promises, and represents that Jem shall reformulate any LED Light with UPC 805106224158 manufactured after the Effective Date and offered for sale in California to a point where the level of DEHP and/or DINP in the Covered Products does not exceed 0.1% by weight.
Jem agrees, promises, and represents that, within 90 days after 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 conspicuously 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 Jem shall provide a clear and reasonable warning consistent with 27 CCR section 25600, et seq., which 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.
The Products shall carry said warning directly on each unit, label, or package, with such conspicuousness as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. A Product that is sold by retailers on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Jem provides for a downstream entity to sell on the internet, Jem shall include an instruction that the entity comply with the warning requirements of this section.
In addition to the warning requirements set forth in Section 3.2 above, Jem may comply with this Agreement by using any other warning and transmission method(s) set forth in27 Cal. Code Regs. §§ 25601, 25602, 25603, et seq., and amended subsequently thereafter, or other text or methods authorized or mandated by those regulations, or other State of California or legislation pertaining to Proposition 65 warnings related to such Products.
In the event that Proposition 65 warnings for DEHP or DINP should no longer be required by law, Jem shall have no further obligations pursuant to this Agreement.
