Case Name:
Chemical Toxin Working Group v PurpleRock BioSchwartz Opco
Plaintiff:
Chemical Toxin Working Group Inc.
Defendant:
PurpleRock BioSchwartz Opco LLC
Injunctive Relief:
2.1. Beginning as of the Compliance Date, Company shall not sell in the State of California or
“Distribute into the State of California,” any Covered Product or Reformulated Covered Product that
exposes a person to a “Daily Lead Exposure Level” (as defined in Proposition 65 and under California
law) of more than 0.5 micrograms of lead per day, unless it meets the warning requirements in accordance
with Sections 2.3 to 2.5.
2.2. Reformulated Product(s); Testing; Daily Lead Exposure Level.
2.2.1. For purposes of determining if a warning is required pursuant to Section 2.3, the
Company shall randomly select and test three (3) samples of the Covered Products from different lot
numbers by Company (or, if fewer than 3 lots are available for testing, from as many lots as are
available).
2.2.2. All testing pursuant to this Agreement shall be performed using a
laboratory method that complies with the performance and quality control factors appropriate for the
method used, including limit of detection, limit of quantification, accuracy, and precision and meets the
following criteria: Gas Chromatography Mass Spectroscopy, achieving a limit of detection of less than or
equal to 40 parts per billion, or any other testing method subsequently agreed upon in writing by the
Parties.
2.2.3. All testing pursuant to this Agreement shall be performed by an independent third
party laboratory accredited to perform lead testing using the methodology in Section 2.2.2. Testing shall
be performed prior to Company’s first distribution into California or sale in California of any
Reformulated Product, manufactured or purchased by Company after the Compliance Date, and testing
shall continue at least once per year thereafter for as long as Company sells the Covered Product, unless
the latter test negative for three consecutive years.
2.2.4. The testing requirements of Section 2.2 do not apply to any of the Covered
Products for which the Company has provided a warning as specified in Section 2.3 to Section 2.8.
2.3. A clear and reasonable exposure warning must be provided for all Covered Products violative
of section 2.1 that Company Distributes into the State of California, sells, or otherwise introduces into the
State of California after the Compliance Date. The warning shall consist of either the Warning (under
2.3(a)) or the Short-Form Warning (under 2.3(b)), respectively.
. Warning. The “Warning” shall consist of the statement:
● WARNING: Consuming this product can expose you to chemicals including
lead, which is known to the State of California to cause birth defects or other
reproductive harm. For more information go to www.P65Warnings.ca.gov.
b. Short-Form Warning:
The “Short-Form Warning” shall consist of the statement:
WARNING: Reproductive Harm - www.P65Warnings.ca.gov.
The font size of the 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 (as defined in 27 Cal. Code Regs. §
25600.1(c) included on the label.
2.4. A Warning or Short-Form Warning provided pursuant to Section 2.3 must print the word
“WARNING:” in all capital letters and in bold font, followed by a colon. For the Short-Form Warning,
the warning symbol to the left of the word “WARNING:” must be a black exclamation point in a yellow
equilateral triangle with a black outline, except that if the sign or label for the Products does not use the
color yellow, the symbol may be in black and white. The symbol must be in a size no smaller than the
height of the word “WARNING:”. The warning shall be affixed to or printed on the Products’ packaging
or labeling, or on a placard, shelf tag, sign or electronic device or automatic process, providing that the
warning 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 under customary conditions of
purchase or use. The warning statement displayed on the Covered Product’s label, must be set off from
other surrounding information and enclosed in a text box.
2.5. If Company or a Distributor sells Covered Products via internet websites to customers
located in California, the warning requirements of this section shall alsoalso be satisfied if the warning is
displayed online prior to the purchase, either: (a) on the same web page on which a Covered Product is
displayed and/or described; (b) on the same page as the price for the Covered Product; or (c) on one or
more web pages displayed to a purchaser prior to completion of purchase during the checkout process.
Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle
with the clickable word “WARNING” in bold, black font, in the font size no less than the product
description, and a link to the text of the full warning and the website http://www.P65Warnings.ca.gov
may appear adjacent to or immediately following the display, description, price, or checkout listing of the
Product, if the warning statement appears elsewhere on the same web page in a manner that clearly
associates it with the product(s) to which the warning applies. The Proposition 65 warning for dietary
supplements that may contain lead utilized by Amazon Seller Central for products sold on Amazon
marketplace is sufficient to comply with the online warning obligations of this section
2.6. Company shall instruct any third party internet sellers to provide the warning as a condition
of sale of the Covered Products in California.
2.7. For any Covered Product sold by Company to a Distributor that will or for which it is
Reasonably Foreseeable will sell those Covered Products over the internet, Company shall instruct any
such Distributor in writing to provide the warning as a condition of sale of the Covered Products in
California.
