Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Injunctive Relief:
Hot Focus agrees, promises, and represents that after or within 90 days of
the Effective Date Hot Focus shall reformulate any Covered Products offered for
sale in California to a point where the level of DEHP in the Covered Products
does not exceed 0.1% for phthalates.
3.2 Hot Focus agrees, promises, and represents that, after or within 90 days 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 conspicuously 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 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
Chemicals in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by
Releasees after or within 90 days of the Effective Date. In addition to the warning
requirements for existing inventory set forth in Section 3.2 above, Hot Focus may
comply with this Agreement by using any other warning and transmission
method(s) set forth in27 Cal. Code Regs. §§ 25601, 25602, 25603, et seq., and
amended subsequently thereafter, or other text or methods authorized or mandated
by those regulations, or other State of California or legislation pertaining to
Proposition 65 warnings related to such Products. For any Covered Product
where the Defendant uses a consumer product sign, or label, to provide a warning,
which includes consumer information in a language other than English, the
warning must also be provided in that foreign language in addition to English.
Should Defendant sell or distribute any Covered Product through the internet or
provide retail display material, the warning will be posted at each point of display
of the product or 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. There shall be no obligation for any warnings or reformulation for
Covered Products that enter the stream of commerce prior to the Effective Date.
