Court Name:
Alameda County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Ground Up International LLC
Injunctive Relief:
Ground Up agrees, promises, and represents that after the Effective Date
Ground Up shall reformulate any Covered Products manufactured after the
Effective Date and offered for sale in California to a point where the level of
DEHP in the Covered Products does not exceed 0.1% by weight.
3.2 Ground Up agrees, promises, and represents that, as of the Effective Date,
to the extent it ships or sells any Covered Products in existing inventory that have
not been reformulated, it will provide warnings on such Covered Products that
comply with Proposition 65. The warnings shall be provided in such a
conspicuous and prominent manner that will assure the message is made available
and likely to be read, seen, or heard by the consumer prior to or at the time of the sale or purchase. The Parties agree that, in addition to any other warning
compliant with Proposition 65 and its implementing regulations, product labeling
stating that:
WARNING: This product can expose you to chemicals including Di(2-
ethylhexyl) phthalate (DEHP), 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.
shall constitute compliance with Proposition 65 with respect to the Listed
Chemical in the Covered Products for any Covered Products in existing inventory
that had not been reformulated and were distributed and/or sold by Releasees or
Downstream Releasees after the Effective Date. Where a label used for the
Covered product in existing inventory, that exceeds 0.1% of DEHP includes
consumer information as defined by California Code of Regulations title 27
§25600.1(c) in a language other than English, the warning must also be provided
in that language in addition to English. Should Ground Up sell or distribute any
Covered Products in existing inventory, that exceeds 0.1% of DEHP, through the
internet the warning will be posted in the manner provided for with respect to
internet sales, as provided for in 27 CCR sections 25601 and 25602, as they may
be subsequently amended.
