60 Day Notice 2024-01277

3.1. Effective on and after the Effective Date MADDEN shall not sell the Covered Product for distribution in California unless the product is a “Reformulated Covered Product” as defined in Paragraph 3.2 or unless MADDEN provides a Compliant Warning as defined in Paragraph 3.3 for any non-reformulated Covered Product that it sells in California. Compliance with this Settlement Agreement by MADDEN shall constitute compliance under Proposition 65 with regard to Covered products sold, offered for sale, imported, manufactured or otherwise distributed after the Effective Date. 3.2. For purposes of this Settlement Agreement, “Reformulated Covered Products” are Covered Products containing no more than 1,000 parts per million (0.1%) DEHP in any accessible component (“accessible component” is defined as any component that could be touched by a person during reasonably foreseeable use). In order to determine compliance with this reformulation standard, MADDEN may rely on third party testing from an accredited laboratory. 3.3. The Parties agree that should MADDEN choose to provide a Prop 65 warning concerning the Covered Product rather than reformulate the Covered Product, any Prop 65 warning used by MADDEN must meet the requirements set forth in California Code of Regulations, Title 27, Article 6, Subarticle 2 for products containing DEHP and appropriate in method and content for the given method of sale to the consumer.