Case Name:
CalSafe Research Center, Inc. v Harbor Freight Tools USA
Plaintiff:
CalSafe Research Center, Inc.
Defendant:
Harbor Freight Tools USA, Inc.
Injunctive Relief:
Not later than 90 days after the Effective Date, and continuing thereafter, the Products that Harbor directly manufacturers, imports, distributes, sells or offers for sale in California shall be: (a) Reformulated Products pursuant to Section 2.1 below; or (b) labeled with a clear and reasonable warning pursuant to Section 2.2 below; or (c) discontinued for sale. Section 2 of this Settlement Agreement shall not apply to Products that are already in the stream of commerce at any time up to 120 days after the Effective Date.
2.1 Reformulation Standards
“Reformulated Products” are defined as those Products containing DEHP in concentrations less than 0.1 percent (1,000 parts per million) when analyzed pursuant to U.S. Environmental Protection Agency testing methodologies 3580A and 8270C, or any other methodologies utilized by federal or state agencies for the purpose of determining the DEHP content in a solid substance.
2.2 Warning
(a) Where required, Harbor Freight shall provide Proposition 65 warnings as follows:
WARNING: Consuming this product can expose you to chemicals including di(2- ethylhexyl) phthalate (DEHP) which are known to the State of California to cause cancer, birth defects or other reproductive harm. For more information go to www.P65Wamings.ca.gov/fact-sheets/phthalates
Or
WARNING: Cancer and Reproductive Harm-www.P65Warnings.ca.gov
This shall constitute compliance with Proposition 65 with respect to the chemical in the Subject Product.
(b) If Harbor Freight elects to use the warning statements identified in Section 2.2(a), it may also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. 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. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”.
(c) The requirements for warnings, set forth in subsection (a) above are imposed pursuant to the terms of this Settlement Agreement. The parties recognize that these are not the exclusive methods for providing a warning under Proposition 65 and its implementing regulations.
(d) If Proposition 65 warnings for lead should no longer be required, Harbor Freight shall have no further obligations pursuant to this Settlement Agreement.
(e) In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different from those set forth above, Harbor Freight shall be entitled to use, at their discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement.
