Case Name:
Environmental Health Advocates, Inc. V Unreal Brands, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Health Advocates, Inc.
Injunctive Relief:
Beginning thirty (30) days after the Effective Date, Unreal shall be permanently enjoined from
manufacturing, distributing, or directly selling in the State of California, any Covered Product that
expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day unless
such Covered Products comply with the warning requirements of Section 2.2. The “Daily Lead
Exposure Level” shall be calculated by multiplying the recommended serving size in Covered Products
by the concentration of lead in Covered Products. As used in this Section 2, “distributed for sale in
California” means to directly ship Covered Products into California or to sell Covered Products to a
distributor Unreal knows will sell Covered Products in California. For Covered Products that contain lead in a concentration exceeding the “Daily Lead Exposure
Level” above, and which are manufactured and packaged for distribution for authorized sale or use in
California on or after the Effective Date, Unreal shall provide one of the following warning statements.This warning statement shall be prominently displayed on the Covered Products, on the packing
of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with
such conspicuousness, as compared with other words, statements, or designs as to render it likely to be
read and understood by an ordinary individual prior to sale. If the warning statement is displayed on
the Covered Products’ packaging, it 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 a warning statement displayed on the
Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall
be posted on any websites under the exclusive control of Unreal where Covered Products are sold into
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AMENDED CONSENT JUDGMENT
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California. Unreal shall instruct any third-party website to which it sells its Covered Products to include
the same warning as a condition of selling the Covered Products.
For any products sold over the internet, the warning shall be provided to California consumers
in a manner that complies with 27 C.C.R. § 25602(b). Specifically, for internet purchases, a warning
must also be provided by including either the warning or a clearly marked hyperlink using the word
"WARNING" on the product display page, or by otherwise prominently displaying the warning to the
purchaser prior to completing the purchase.
