Case Name:
Chemical Toxin Working Group v. Beaver Street Fisheries, Inc
Plaintiff:
Chemical Toxin Working Group Inc.
Defendant:
Beaver Street Fisheries, Inc.
Beavver Street Foods, Inc.
Injunctive Relief:
Beginning as of the Compliance Date, the Company shall not sell in the State of California, or
“Distribute into the State of California," any Covered Product that exposes a person to a “Daily
Cadmium Exposure Level" of more than 4.1 micrograms of cadmium per day, unless it meets the
warnings requirements under Section 2.2. Any Covered Products that Company Distributes into the
State of California after the Compliance Date, shall either (I) qualify as Reformulated Covered
Products under Section 2.3 or (2) comply with the warning requirements of Section 2.2.
2.2.1. The term "WARNING" shall be in bold and capitalized.
2.2.2. If the short-form warning is used under Section 2.2.4 Option 2, a pictogram with a yellow equilateral triangle outlined in bold black with a black exclamation point in the center must be placed to the left of the word "WARNING". The size of the pictogram cannot be smaller than the word "WARNING". Where the label for the product is not printed using the color yellow, the symbol may be in black and white.
2.2.3. For any Covered Product sold by Company over the internet, the warning shall be prominently displayed as follows: (a) on the primary display page for the Covered Product; (b) as a clearly marked hyperlink using the word "WARNING" in all capital and bold letters on the Covered Product's primary display page; (c) on the checkout page or any other page in the checkout process when a California delivery address is indicated for any purchase of any Covered Product and with the warning clearly associated with the Covered Product to indicate that the product is subject to the warning; or (d) by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Company's internet/online sales, in addition to the warning on the internet product display page described above, Company must also ensure a warning under Section 2.2.4 appears on the label of the Covered Product.
2.2.4 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 in California, Company shall provide the written notice attached hereto as Exhibit A to each entity. Confirmation of receipt of the notice must be received electronically or in writing from the entity or an authorized agent for the entity to which Company sent the notice.
2.2.5 Warning statement
If Company provides warnings under Section 2.2, Company shall provide one of the following warning statements:
A) Option 1, Long-Form Warning:
WARNING: Consuming this product can expose you to chemicals including
cadmium, 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/food.
B) Option 2, Short-Form Warning: The font size of this 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.l(c) included on the label:
WARNING: Cancer and Reproductive Harm -www.P65Warnings.ca.gov/food
The bracketed terms may be provided at Company's option if the Covered Product is compliant with Proposition 65 for the bracketed indication.
2.2.6 Warning Method of Transmission
The warning statement shall be prominently displayed for the Covered Product (1) on the label of the Covered Product, or (2) 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 Product's label, it must be set off from other surrounding information and enclosed in a text box. If the warning statement is displayed on a placard, shelf tag, or sign where the Covered Product is offered for sale in a physical store, the warning placard or sign must enable an ordinary individual to determine which Covered Products the warning applies to. Where the Covered Products' sign, label, or shelf tag used to provide a warning includes consumer information about a product in a language other than English, the warning must also be provided in that language in addition to English.
