General Allegations. The Settling Entity enters into this Settlement Agreement on behalf of the noticed violator described in subsection 1.4 below, with whom such Settling Entity has a contract for one or more of the products at issue which contains indemnity and defense clauses. The Settling Entity has accepted a tender from the noticed violator and approached Xxxxxxx to resolve such violator’s alleged liability. Additionally, the Settling Entity is making commitments in furtherance of the public interest as set forth below. Xxxxxxx alleges that the Settling Entity manufactures, imports, distributes, sells and/or otherwise facilitates for sale in California the lead products defined below, and that it does so without providing the health hazard warning required by Proposition 65 for consumer exposures to lead. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer, and birth defects or other reproductive harm.
General Allegations. The Settling Entity enters into this Settlement Agreement on behalf of the noticed violator described in subsection 1.4 below, with whom such Settling Entity has a contract for one or more of the products at issue which contains indemnity and defense clauses. The Settling Entity has accepted a tender from the noticed violator and approached Xxxxxxx to resolve such violator's alleged liability. Additionally, the Settling Entity is making commitments in furtherance of the public interest as set forth below.
General Allegations. Xxxxxxx alleges that the Settling Entity manufactures, imports, distributes, retails and/or otherwise facilitates for sale in California the Product defined below, and that it does so without providing the health hazard warning required by Proposition 65 for consumer exposures to lead. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. The Settling Entity entered into this Settlement Agreement on behalf of the noticed violator described in subsection 1.4 below, with whom such Settling Entity has a contract for the product at issue which contains indemnity and defense clauses. The Settling Entity has accepted a tender from the noticed violator. Additionally, the Settling Entity approached Xxxxxxx to resolve the noticed violator (and/or Settling Entity’s) alleged liability. And, the Settling Entity is accepting any alleged liability for such violator and is making additional voluntary commitments in furtherance of the public interest set forth below, including those expressed in subsection 2.7 contained herein.
General Allegations. Xxxxxxx alleges that Walmart Inc. manufactures, imports, distributes, retails and/or otherwise facilitates for sale in California the products defined below, and that it does so without providing the health hazard warning required by Proposition 65 for consumer exposures to lead. Lead is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer, and birth defects or other reproductive harm. The Settling Entity enters into this Settlement Agreement following its acceptance of a tender of defense and indemnity from Walmart Inc. The Settling Entity accepted the tender and approached Xxxxxxx to resolve Walmart Inc.’s alleged liability. Additionally, the Settling Entity is making commitments in furtherance of the public interest as set forth below. The Parties agree and understand that Walmart Inc. is not a party to this Settlement Agreement and that this Settlement Agreement imposes no obligations on Walmart Inc.
General Allegations. Xxxxxx alleges that Xxxxxxxxx sells and distributes for sale in California dried teas (loose leaf and bagged teas) containing lead, and that it does so without providing the warning required by Proposition 65. Lead is listed pursuant to Proposition 65 as a chemical known to cause birth defects or other reproductive harm.
General Allegations. CPA alleges that Dongwon manufactured and distributed and offered for sale in the State of California “Venus Clam and Seaweed Soup” containing Lead and Cadmium, and that such sales have not included warnings pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code sections 25249.6 et seq. and its implementing regulations (“Proposition 65”). California has identified and listed Lead and Cadmium under Proposition 65 as chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.
General Allegations. Xxxxxxx alleges that Xxx X’Xxxx manufactures, imports, sells and/or distributes for sale in California, products containing di(2-ethylhexyl)phthalate (“DEHP”), and that it does so without providing the health hazard warning that Xxxxxxx alleges is required by Proposition 65. DEHP is listed pursuant to Proposition 65 as a chemical known to the State of California to cause birth defects and other reproductive harm.
General Allegations. Eden alleges that without first providing individuals the health hazard exposure warning required by Proposition 65, Xxxxx has exposed individuals to the chemical unleaded gasoline at the Subject Location (defined in Section 1.3 below). Unleaded gasoline is listed pursuant to Proposition 65 as a chemical known to the State of California to cause cancer.
General Allegations. CPA alleges that Empire manufactured and distributed and offered for sale in the State of California “Grated Cassava Chips” containing Lead, and that such sales have not included warnings pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health & Safety Code sections 25249.6 et seq. and its implementing regulations ("Proposition 65"). California has identified and listed Lead under Proposition 65 as a chemical known to the State of California to cause cancer, birth defects or other reproductive harm.
General Allegations. DiPirro alleges that the Noticed Party manufactures, imports, sells, or distributes for sale, in the State of California products containing Diisononyl Phthalate (DINP) without first providing the clear and reasonable exposure warning required by Proposition 65. DINP is listed pursuant to Proposition 65 as a chemical that is known to the State of California to cause cancer (hereinafter the “Listed Chemical”).
