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.
