Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
3. 1 Gomi agrees, promises, and represents that after the Effective Date Gomi
shall reformulate any Covered Products manufactured after the Effective Date and
offered for sale in California to a point where the level of Cadmium in the Covered Products does not exceed 34 parts per billion ("ppb") ("Reformulation
Standard") or provide warnings as required below.
3.2 Gomi agrees, promises, and represents that, as of the Effective Date, it
shall sell or otherwise distribute only Covered Products that are manufactured
after the Effective Date that meet the "Reformulation Standard" or provide
Proposition 65 warnings, as specified herein. Any Covered Product in Gomi'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. for cancer and reproductive
toxicity.
3.3 As to Covered Products manufactured after the Effective Date, if such
Covered Products do not meet the Reformulation Standard, Gomi shall provide
warnings consistent with Title 27 California Code of Regulations, §§ 25600, et.
seq for cancer and reproductive toxicity. Should Gomi sell any Covered Products
online, the warning will be posted in the manner provided for with respect to
internet sales, as provided for in Title 27, California Code of Regulations, §§
25601 and 25602, including as they may be subsequently amended. Where the
Covered Product includes consumer information as defined by California Code of
Regulations Title 27, California Code of Regulations §25600.1(c) in a language
other than English, the warning ifrequired must also be provided inthat language
in addition to English.