MEMORANDUM
TO: ALL CLIENTS OF RIEDEL CRYSTAL
FROM: GEORG RIEDEL
RE: PROPOSITION 65 WARNINGS FOR LEAD CRYSTAL PRODUCTS SOLD IN CALIFORNIA
As you probably are aware, in the early 1990’s, manufacturers of lead crystal tableware products including Riedel Sommeliers, Vinum, Vinum extreme and decanter collection – that is, stemware, barware, decanters, bowls, dishes and other lead crystal products used for the consumption of food and beverages – agreed, in a series of court-approved Consent Judgments, to provide all purchasers of their products in California with warnings pursuant to that state’s unique Safe Drinking Water and Toxic Enforcement Act of 1096 (better known as "Proposition 65"), which recognizes lead as potentially causing birth defects. Under these Consent Judgments, the manufacturers agreed to provide retailers in California with warning signs to be posted at designated points within stores. The Consent Judgments also required that warnings be provided in connection with "mail order" sales of crystal tableware to California residents and the use of crystal tableware in restaurants.In May 2001, major retailers including Riedel agreed to their own set of court-approved Consent Judgments that modify the original warning program in certain respects. As manufacturers and distributors of lead crystal, the members of my client, including Riedel, the International Crystal Federation, agreed separately to provide sellers of lead crystal tableware in California with notice of these new warning requirements; hence, this memorandum. It is important that you implement and maintain warnings in all of your California-based stores and in connection with any sales to California residents made via mail-order catalogs or the Internet, as specified below; your failure to do so could subject your company to significant monetary penalties.
The description of the new warning program set forth below is intended as a summary of the detailed warning program provided for in the May 2001 Consent Judgments. Obviously, the terms of those Consent Judgments are controlling. If you would like a copy of them or have questions about any element of the warning program, you should contact your company’s general counsel or attorneys, or you may contact me at 202.342.8580 or by e-mail at mkershow@colliershannon.com. We would also be happy to supply you, free of charge, with copies of the prescribed point-of-sale warning signs for retail stores (Appendices 1 or 2, as appropriate) and restaurants and wineries (Appendix 5), in whichever of the two prescribed sizes you require.
IF YOU ARE A RETAILER
If you are a retailer of any kind (and wherever based) and maintain retail outlets in California in which lead crystal tableware items are sold, such as Riedel’s Sommeliers, Vinum or Vinum extreme or decanter collection, you must provide a warning by posting one or more warning signs in each store. The size of the store or it’s main product lines do not affect the basic warning requirement; whether you operate a department or tableware specialty store and carry several full lines of lead crystal, or are instead a smaller shop selling wine, jewelry or gifts and carry only a few crystal tableware items, you must post the warning sign if you carry Riedel’s Sommeliers, Vinum or Vinum extreme or decanter collection of lead crystal. The required signs are enclosed as Appendices 1 and 2; which of these you post depends on whether you sell Baccarat decanters, flacons, stoppered pitchers, mustard and jam pots (which are exempt for the warning). Instructions for posting the sign are enclosed as Appendix 3.
Please note that the enclosed signs supersede any in use prior to May 2001. If you already are using warning signs in your stores in California, please replace them with the sign enclosed as Appendix 1 or 2 (as appropriate).
IF YOU SELL TO CALIFORNIA RESIDENTS BY "MAIL ORDER"
If you sell products from Riedel’s Sommeliers, Vinum or Vinum extreme and our decanter collection of lead crystal tableware products to residents of California by "mail order" – that is, in response to orders transmitted by mail, by telephone, or electronically (e.g., through an Internet website) – you must provide a warning. The location of your company is irrelevant: if the customer is a resident of California, the required warning must be provided. Instructions for providing "mail order" warnings are attached as Appendix 4.
IF YOU ARE A RESTAURANT
If you operate a restaurant or other eating establishment in the state of California and serve food or beverages in items from Riedel’s Sommeliers, Vinum or Vinum extreme or decanter collection of lead crystal tableware, you must provide a warning to your patrons by posting a sign where it will be seen by our customers before they consume food, such as near the main entrance, or near where people wait to be seated. The required sign is enclosed as Appendix 5. Instructions for posting the sign are enclosed as Appendix 6.
IF YOU ARE A WINERY
If you are a California-based winery that sells or uses lead crystal tableware products such as Riedel’s Sommeliers, Vinum or Vinum extreme or decanter collection (e.g., stemware or decanters) on your premises, you must post the warning sign attached as Appendix 5 (a) on or near the cash register(s) or service counter(s) where lead crystal tableware articles may be purchased by consumers and (b) in or at the entrance to any area where wine is poured in lead crystal glasses for tasting. Detailed instructions for posting the signs are enclosed as Appendix 7.
IF YOU ARE A DISTRUBUTOR
If you are not yourself a retailer, "mail order" seller, restaurant, or winery meeting the criteria outlined above, but are a distributor of Riedel’s Sommeliers, Vinum or Vinum extreme or decanter collection of lead crystal tableware to retailers, "mail order" sellers, restaurants, or wineries (as described above), you must pass on the information contained in this memorandum and the relevant appendices to your customers. Failure to do so may subject you and your customers to liability under Proposition 65. You should send the appropriate materials to all of your customers, unless you are certain that a particular customer does not do business in California. Additionally, if you distribute to retail stores, you should include the instructions for "mail order" sellers (Appendix 4), as many retailers also engage in "mail order" sales.
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APPENDIX 1 |
APPENDIX 2 |
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PROP 65 |
PROP 65 |
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WARNING |
WARNING |
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Consuming foods or beverages that have been kept or served in leaded crystal products will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm. * *Baccarat decanters, flacons, stoppered pitchers, mustard and jam pots are exempt from this warning. |
Consuming foods or beverages that have been kept or served in leaded crystal products will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm. |
APPENDEX 3
Retail Store Warning Instructions for Leaded Crystal
(effective May 2001)
In order to comply with the court-ordered warning program, retailers selling leaded crystal tableware (including glasses, decanters, plates, bowls and other food contact items, but not including leaded crystal items not used with food, such as vases, candlesticks, sculpture, etc.) must provide Proposition 65 warning by posting signs at every retail outlet they own or principally operate in the State of California at which leaded crystal tableware is sold. There are two basic signs – one that has a footnote noting that Baccarat decanters, flacons, stoppered pitchers, mustard and jam pots are exempt from the warning (Appendix 1) and one that does not (Appendix 2).
You may use the sign as is (i.e., on heavy cardboard stock) or you may reprint it in another medium (e.g., in the form of a decal or plaque). The signs you post must contain the same language and format as the enclosed sign. You must also ensure that the signs are, at all times, posted where required, legible and in good condition.
The type and size of sign and where you post them depend on the leaded crystal products you carry and the type of store you operate. There are three basic groups:
A. Department Stores or Other Stores With A Separate Check-Out for Tableware
If you sell leaded crystal tableware in a physically separate or distinct department or section which contains its own cash registers intended for purchase of items sold in that department or section, you have the option of (a) posting a 4-inch by 6-inch warning sign substantially similar to Appendix 1 (or Appendix 2 if none of the Baccarat products identified in the footnote in Appendix 1 are or may be sold at the store) at, on, or adjacent to each checkout counter, sales register, cash stand, or cash wrap in that section or department, or on the shelf where the leaded crystal is displayed; or (b) in the manner specified for "large stores without a separate checkout" below.
B. Large Stores Without a Separate Check-Out for Tableware
If you have more than 7,500 square feet of floor space and use one or more checkout stands for all merchandise purchased at the store, you may either (a) post an 8-inch by 10-inch version of the warning sign attached as Appendix 1 (or Appendix 2 if none of the Baccarat products identified in the footnote in Appendix 1 are or may be sold at the store) at each location where leaded crystal tableware is or may be displayed (the signs may be free-standing, placed on the wall, hung, or displayed in any manner, so long as a potential purchaser would be reasonably likely to see it), or (b) post a 4-inch by 6-inch version of the warning sign on the shelf where leaded crystal tableware is displayed.
C. Small Stores Without A Separate Check-Out For Tableware
If you have more than 7,500 square feet of floor space and use one or more checkout stands for all merchandise purchased, you may either (a) post 4-inch by 6-inch signs at, on or adjacent to each check-out counter, sales register, cash stand or cash wrap in the store, or on the shelf where leaded crystal tableware is displayed, or (b) post an 8-inch by 10-inch sign at each location where leaded crystal tableware is or may be displayed (the signs may be free-standing, placed on the wall, hung, or displayed in any manner, so long as a potential purchaser would be reasonably likely to see it). You do not need to do both (a) and (b).
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The May 2001 Consent Judgments also allow a retailer to provide a Proposition 65 warning by labeling the crystal tableware article or it’s packaging, in lieu of using point-of-sale signs. The warning on the label must read "Consuming foods or beverages that have been kept or served in leaded crystal products exposes you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm." The warning must be affixed to the packaging, labeling, or the article itself in the condition the product is given to or chosen by the customer, and displayed in a size and manner that is likely to be read and understood by an ordinary individual under customary conditions of purchase.2
The May 2001 Consent Judgments also allow retailers who sell both leaded crystal and ceramic tableware (which is subject to a separate Proposition 65 warning program) to deliver point-of-sale warnings through the use of "hybrid" signs covering both products. If you would like additional information on this warning option, please contact your company’s general counsel, your company’s attorneys, or Michael R. Kershow, counsel to the International Crystal Federation and Coalition for Safe Ceramicware, at 202.342.8580.
APPENDIX 4
Instructions for Providing Proposition 65 Warnings in Connection With "Mail Order"
Sales Of Certain Leaded Crystal Tableware Products
(effective May 2001)
If you sell leaded crystal tableware products (including glasses, decanters, plates, bowls and other food contact items, but not including leaded crystal items not used with food, such as vases, candlesticks, sculpture, etc.) to residents of California by "mail order" – that is, in response to orders transmitted by mail, by telephone or electronically (e.g., through an Internet website) – you must provide a Proposition 65 warning to the customer. The location of your company is irrelevant; if the customer is a resident of California, the required warning must be provided. The warning requirement applies to all leaded crystal tableware products, other than Baccarat decanters, flacons, stoppered pitchers, and mustard and jam jars.
Warning in the Catalog or on the Website
You may, if you wish, provide the Proposition 65 warning in your mail order catalog or on your Internet website. The warning must read:
| Attention California residents. Proposition 65 WARNING: Consuming foods or beverages that have been kept or served in leaded crystal products will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm. 2 |
If you choose to warn in your catalog or brochure, the warning message must appear, in the same size type as the surrounding, non-heading text, on either (a) the inside front cover, (b) the same page as any order form, or (c) the same page as the price.
If you choose to warn on your Internet website, the warning message shall be displayed (or, upon the Internet site user’s identification that they are either a California resident or that they are placing an order to be provided to a California resident, automatically appear) either: (a) on the same page on which a leaded crystal tableware product (other than any of the exempt Baccarat products) is displayed, (b) on the same page as any order from for a leaded crystal tableware product, or (c) on the same page as the price for any leaded crystal tableware product.
Package Insert or Label Warnings
If you do not provide the warnings in your catalog or brochure or on your website, you must provide the warning at the time the merchandise is shipped to California purchases. You may do this by (a) labeling the product or its packaging (e.g., with a pressure-sensitive sticker) in a size and manner that is likely to be read and understood by an ordinary individual under customary conditions of purchase, (b) inserting a card or slip of paper measuring at least 4" x 6" in the shipping carton, or (c) printing the warning on the packing slip or customer invoice in lettering of the same size as the description of the item ordered. The warning must read as follows:
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Proposition 65 WARNING: Consuming foods or beverages that have been kept or served in leaded crystal products will expose you to lead, a chemical known to the State of California to cause birth defects or other reproductive harm. You may return this product for a full refund within 30 days of receipt, if you wish. |
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The May 2001 Consent Judgments also allow mail order sellers who sell both leaded crystal and ceramic tableware (which is subject to a separate Proposition 65 warning program) to deliver "hybrid" warnings covering both products. If you would like additional information on this warning option, please contact you company’s general counsel, your company’s attorneys, or Michael R. Kershow, counsel to the International Crystal Federation and the Coalition for Safe Ceramicware, at 202.342.8580.2
If any of the exempt Baccarat items is sold in the catalog in addition to other leaded crystal tableware, a footnote must be placed at the end of the above warning, stating "This warning does not apply to Baccarat decanters, flacons, stoppered pitchers, mustard and jam pots."3
If the warning notice is attached to the face of the shipping carton, it must be no smaller than a standard-size business card.APPENDIX 5
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WARNING |
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LEADED CRYSTAL |
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Consuming foods or beverages that have been kept or served in leaded crystal products used or sold here will expose you to lead, a chemical know the State of California to cause birth defects or other reproductive harm. |
APPENDIX 6
Instructions For Providing Proposition 65 Warnings
In Connection With the Use of Certain Leaded Crystal Tableware Products in Restaurants
(effective May 2001)
In order to comply with the court-ordered warning program, all restaurants or other food service establishments in the State of California that use leaded crystal tableware (including glasses, decanters, plates, bowls and other food contact items, but not including leaded crystal items not used with food, such as vases, candlesticks, sculpture, etc.) must provide Proposition 65 warnings to their patrons. Baccarat decanters, flacons, stoppered pitchers, mustard and jam pots are exempt form the warning, so you need not provide a warning if these are the only leaded crystal tableware items that are used in the restaurant.
You must provide the warning by posting a copy of the sign attached as Appendix 5 in a place where it will be seen by your customers before they consume food, such as near the main entrance, or near where people wait to be seated. The sign must measure at least 8 inches by 11 inches. You may use the sign as is (i.e., on heavy cardboard stock) or you may reprint it in another medium (e.g., in the form of a decal or a plaque). You must also ensure that the sign is, at all times, posted where required, legible and in good condition.
APPENDIX 7
Instruction For Providing Proposition 65 Warnings
In Connection With the Use of Certain Leaded Crystal Tableware Products in Wineries
(effective May 2001)
If you are a California-based winery that sells leaded crystal tableware articles (e.g., stemware and decanters) or uses such articles on the premises (e.g., at tastings, including associated give-away promotions), you must post the Proposition 65 warning sign attached as Appendix 5 as follows:
1. On or near the cash register(s) or service counter(s) where lead crystal tableware articles may be purchased by consumers. You may place an 8 inch by 11 inch version of the sign either (a) on the customer-facing side of the principal cash register, (b) on the top or side of the principal service counter, or (c) on the customer-facing side of the wall behind the principal cash register or service counter). Any one of these locations is sufficient, so long as the sign is visible. If there are multiple cash registers or service counters at which lead crystal tableware articles are sold, the size of the sign may be reduced to 4 inches by 6 inches, provided that it is displayed at all such locations (i.e., on each register or service counter.
2. In or at the entrance to any area where wine is poured in lead crystal glasses for tasting. You may place an 8 inch by 11 inch version of the sign either (a) on the customer-facing side of the wall behind the bar at which wine is poured for tastings, or (b) on the entrance door to the tasting room or winery facility (assuming that lead crystal glasses are used for tastings held somewhere on the premises). Either of these locations is sufficient, so long as the sign is visible.
The display of warning signs as described under (1) and (2) above will be sufficient to constitute compliance of the entire winery, regardless of whether lead crystal is sometimes sold or used at multiple or a variety of locations on the premises.