Court Name:
Los Angeles County Superior Court
Plaintiff:
Consumer Advocacy Group, Inc.
Defendant:
Jetro Cash & Carry Enterprises, Inc.
JRD IMC, LLC
Injunctive Relief:
Jetro agrees, promises, and represents that after the Effective Date, Jetro
shall not sell in California, offer for sale in California, or ship for sale in
California any Covered Products unless the level of Lead and the level of
Cadmium do not exceed the levels (“Reformulation Standard(s)”) specified below
unless Proposition 65 compliant warnings are used as set forth in the following
paragraphs.
3.1.1 Lead: an exposure of no more than 0.5 micrograms per gram of Lead
based on a single serving per day. For purposes of assessing compliance
with this reformulation level, the exposure shall be calculated by multiplying the recommended serving size of the Covered Products by the
concentration of Lead in the Covered Products.
3.1.2 Cadmium: an exposure of no more than 4.1 micrograms per gram of
Cadmium based on a single serving per day. For purposes of assessing
compliance with this reformulation level, the exposure shall be calculated
by multiplying the recommended serving size of the Covered Products by
the concentration of Cadmium in the Covered Products.
3.2 Jetro agrees, promises, and represents that, as of the Effective Date, it shall
sell or otherwise distribute only Covered Products that are manufactured after the
Effective Date that meet the “Reformulation Standards” or provide Proposition 65
warnings, as specified herein. Any Covered Product in Jetro’s existing inventory
that does not meet the Reformulation Standards shall contain a warning that shall
comply with the warning requirements under Title 27, California Code of
Regulations, § 25607.2. The warning shall be provided for cancer and
reproductive toxicity.
3.3 As to Covered Products manufactured after the Effective Date, if such
Covered Products do not meet the Reformulation Standards, Jetro shall provide
warnings consistent with Title 27 California Code of Regulations, , § 25607.2.
The warning shall be provided for cancer and reproductive toxicity. Should Jetro
sell any Covered Products online, the warning will be posted in the manner
provided for with respect to internet sales, as provided for in Title 27, California
Code of Regulations, §§ 25601 and 25602, including as they may be subsequently
amended. Where the Covered Products include consumer information as defined by California Code of Regulations Title 27, California Code of Regulations
§25600.1(c) in a language other than English, the warning if required must also be
provided in that language in addition to English.
