Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3.1 DND agrees, promises, and represents that DND shall reformulate any Covered Products manufactured after the Effective Date and offered for sale in California to a point where the level DEHP in the Covered Products does not exceed 0.1% by weight. 3.2 DND 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 any of the Released Parties after the Effective Date. Where DND uses a label 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 DND 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 section 25602(b), as may be subsequently amended. Notwithstanding anything to the contrary in this Settlement Agreement, in the event that the state of California or any of its agencies, offices, or departments, including but not limited to, Office of Environmental Health Hazard Assessment, promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth in this Settlement Agreement, the Released Parties, or any of them, shall be entitled to use, at their discretion, such other warning text and/or method of transmission without being deemed in breach of this Settlement Agreement.
