Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 Wells Fountain agrees, promises, and represents that Wells Fountain shall reformulate any
Covered Products manufactured after the Effective Date and offered for sale in California to a
point where the level DBP and/or DEHP in the Covered Products does not exceed 0.1% by
weight. 3.2 Wells Fountain 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: For Covered
Products containing DEHP: 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. -orFor Covered Products containing DBP WARNING: This product can expose you to chemicals
including Di-nbutyl Phthalate (“DBP”) which is known to the State of California to cause 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 and/or DBP,
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 Wells Fountain sell or distribute any Covered Products in existing inventory,
that exceeds 0.1% of DEHP and/or DBP, 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.