Case Name:
EHA, Inc. v Sacla North America, Inc.
Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Health Advocates, Inc.
Defendant:
Sacla North America, Inc.
Injunctive Relief:
Beginning thirty (30) days after the Effective Date, Sacla shall be permanently enjoined from manufacturing, distributing, or directly selling in the State of California, any Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead unless such Covered Products comply with the warning requirements of Section 2.2. As used in this Section 2, “distributed for sale in CA” means to directly ship Covered Products into California or to sell Covered Products to a distributor Sacla knows will sell Covered Products in California. If Proposition 65 or its implementing regulations (including but not limited to the published “no significant risk level” and “maximum allowable dose level” for lead set forth at Cal. Code Regs., tit. 27, sections 25705 and 25805 or any “alternative risk level” adopted by regulation or by a court of competent jurisdiction) are changed from their terms as they exist on the Effective Date, Sacla shall be entitled to reformulate, at its discretion, the Covered Products to such levels without being deemed in breach of this Settlement. As of the Effective Date, and continuing thereafter, if and only if the Daily Lead Exposure Level in the Product is more than 0.5 micrograms, a clear and reasonable Proposition 65 warning as set forth below must be provided for the Product that Sacla sells in California. This warning statement shall be prominently displayed on the Product label, 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 Product’s 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 Product’s packaging appear in a type size smaller than 6-point type. If the Product contains more than 0.5 micrograms of lead per day, the same warning shall be posted on any websites under the exclusive control of Sacla where the Product is sold into California. Sacla shall instruct any third-party website to which it sells the Product to include the same warning as a condition of selling the Product, but only if the Product contains more than 0.5 micrograms of lead per day. Products that were supplied or contracted to be supplied to third parties within, or prior to, 6 months after the Effective Date shall be deemed exempted from the requirements of this Section 2.3 and shall be permitted to be sold through as previously manufactured, packaged and labeled
