Chemical Toxin Working Group Inc. v. Hama Hama Company
Chemical Toxin Working Group Inc.
Beginning on the Effective Date, Hama Hama shall not manufacture for sale in the State of California, “Distribute into the State of California,” or directly sell in the State of California, any Covered Product which exposes a person to a “Daily Exposure Level” of more than 4.1 micrograms of cadmium per day, unless each such unit of the Covered Product bears the warning meeting the warning requirements of Prop. 65.
2.2 Warnings. Any Covered Products that Hama Hama manufactures or sells after the Effective Date that it thereafter Distributes into the State of California shall either (1) qualify as a Reformulated Covered Products under Section 3, or (2) comply with the warning requirements of this Section.
2.2.1. The term “WARNING” shall be in bold and capitalized.
2.2.2 A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline must be placed to the left of the word “WARNING”. The size of the symbol cannot be smaller than the height of the word “WARNING”. The warning symbol should be downloaded from this website: https://www.p65warnings.ca.gov/warning-symbol. Where the sign, label or shelf tag for the product is not printed using the color yellow, the symbol may be printed in black and white.
2.2.3 Physical store sales. The warning statement shall be prominently displayed on the Covered Products, on (1) the packaging of the Covered Products, or (2) on a placard, shelf tag, or sign, provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs or devices on the label, labeling, or sign, as to render it likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use.
2.2.4 The warning statement displayed on the Covered Product’s label must be set off from other surrounding information and enclosed in a text box. The entire warning must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall the warning appear in a type size smaller than 6-point type. “Consumer information” includes warnings, directions for use, ingredient lists, and nutritional information. “Consumer information” does not include the brand name, product name, company name, location of manufacture, or product advertising.
2.2.5 If the warning statement is displayed on a placard, shelf tag, or sign where the Covered Product is offered for sale in a physical store, the warning placard or sign must enable an ordinary individual to determine which Covered Products the warning applies to. In accordance with 27 CCR § 25600.2, Hama Hama will provide consumer product exposure warnings to third parties.
2.2.6 Internet Sales. For the internet/online sales, the warning on the internet page must be prominently displayed on either the product page, or by otherwise prominently displaying the warning prior to completing the purchase, or both, to California purchasers. Covered Products sold online must also have the label warning described in Section 2.2.4.
2.2.7 Warning statement. If Hama Hama provides warnings under Section 2.2, Hama Hama shall provide one of the following warning statements:
A) Option 1:
WARNING: This product can expose you to [chemicals including] cadmium, 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/food.
B) Option 2:
WARNING: Consuming this product can expose you to chemicals including cadmium, 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/food.
C) Short-Form Warning: The font size of this short-form warning must be a minimum of 6 points, and it cannot be smaller than the largest size font used for other consumer information included on the label. The Short Form Warning is limited only to label warning and cannot be used on signs or other types of warnings.
WARNING: [Cancer and] Reproductive Harm – www.P65Warnings.ca.gov/food
The bracketed terms may be provided at Hama Hama’s option if the Covered Products is compliant with Proposition 65’s safe level for the bracketed indication.
3.Reformulated Covered Products; Testing
3.1 A “Reformulated Covered Product” is one that does not exceed 1.6 parts per million (“ppm”) of cadmium, as determined by this Section: 1.6 ppm x 2.48 grams per day = 4 mcg/day. For purposes of determining if a warning is required pursuant to Section 2, the average cadmium concentration of six (6) samples of the Covered Product randomly selected from different lot numbers by Hama Hama will be used.