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Air Fryer ViolatorsJune 30, 2021Page 5General Infonnation: Pursuant to 27 California Code of Regulations§ 25903(b)( 1), attachedhereto is a copy of"The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65):A Summary," as prepared by the Office of Environmental Health Hazard Assessment.Description of Violation: Since at least January 1, 2018 and continuing to the present, theabove named entities have exposed and continue to expose California consumers to acrylamidewhich is generated at high concentrations by their air flyers when used as intended and directed.Exposures to ac1ylamide unavoidably occurred via ingestion when consumers ate plant-based andsome other foods cooked in the entities' air fryers. Ac1ylamide is a toxic chemical known to theState of California to cause cancer and has been listed since January 1990 as a carcinogen on the listof carcinogenic chemicals published by the Governor of the State of California at 22 California Codeof Regulations§ 1200(b). Because acrylamide is listed in Proposition 65 as a carcinogen, pursuantto Health & Safety Code§ 25249.6, the above named entities were, and are, required to warn theircustomers that their air fryers expose consumers to ac1ylamide, a chemical known by the State ofCalifornia to cause cancer before exposing consumers to ac1ylamide contained therein. Since at leastJanuary 1, 2018, the above named entities violated and continue to violate California Health &Safety Code § 25249.6 by exposing numerous individuals within the State of California toac1ylamide without first giving clear and reasonable warnings to said individuals that their air fryersexpose them to acrylamide, a chemical known by the State of California to cause cancer.Noticing Entity: The noticing entity is the Council for Education and Research on Toxics,a California public benefit corporation whose charitable purposes are education and researchregarding toxic substances. The responsible person within the noticing entity is Raphael Metzger,CERT's General Counsel, to whom all communications should be directed at the following addressand telephone number: Metzger Law Group, Raphael Metzger, Esq., 555 E. Ocean Blvd., Suite 800,Long Beach, CA 90802; phone 562-437-4499; fax 562-436-1561, email: rmetzger@toxictorts.com.Names of Violators: The violators and their air flyer brands are identified above as theaddressees to whom this letter is sent.Time of Violations: The violations of California Health & Safety Code § 25249.6 arenumerous and have been continuous and uninterrupted since at least January 1, 2018 to the presentthroughout the State of California. The timing of the violations is such that they occurred eve1ymoment that eveiy individual within the State of California consumed plant-based and some otherfoods cooked in the above named entities' air flyers without first receiving the required Proposition65 warnings.Listed Chemicals: The carcinogenic chemical to which the above named entities have beenexposing consumers in violation of Proposition 65 is acrylamide, CAS No. 79-06-1, which was firstlisted at 22 California Code of Regulations § 1200(b) as a chemical known to the State of Californiato cause cancer on January 1, 1990.F:\WP\Cases\2001\NOTICES\Proposltlon 65 Notice with Addressees, rev'd,wpd

Air Fryer ViolatorsJune 30, 2021Page 6Consumer Product Exposure Description: Since at least January 1, 2018, and continuing tothe present, the above named entities have exposed and continue to expose California consumersconsuming food cooked in their air fryers to high levels of acrylamide - a toxic chemical that isnot present in raw foods but that is generated by the above named entities' air flyers in foods cookedtherein which are then ingested by consumers. Exposures to acrylamide unavoidably occurred viaingestion whenever a consumer consumed plant-based and some other foods cooked in the abovenamed entities' air fryers. Acrylamide is a toxic chemical known to the State of California to causecancer and has been listed since January 1990 as a carcinogen on the list of carcinogenic chemicalspublished by the Governor of the State of California at 22 California Code of Regulations§ 1200(b).Because acrylamide is listed in Proposition 65 as a carcinogen, pursuant to Health & Safety Code§ 25249.6, the above named entities were, and are, required to warn their customers that their airfryers expose consumers to a chemical known by the State of California to cause cancer beforeexposing said customers to acrylamide formed in the air fryers. Since at least January 1, 2018, theabove named entities violated and continue to violate California Health & Safety Code § 25249.6by exposing numerous individuals within the State of California to acrylamide without first givingclear and reasonable warnings to said individuals that their air fryers generate acrylamide, a chemicalknown by the State of California to cause cancer. The above named entities' Proposition 65violations are particularly egregious and hazardous given the high concentrations of ac1ylamidegenerated in their air flyers that are widely sold to consumers.Conclusion. Proposition 65 requires that notice and intent to sue be given to a violator sixty(60) days before suit is filed. By this letter, CERT gives notice of the foregoing violations to theabove named entities, and to the appropriate governmental authorities. If the above named entitieswish to resolve this matter before CERT files suit, they should contact CERT's counsel at the abovementioned address and telephone number. Otherwise, suit will be filed after sixty (60) days haveelapsed.We look forward to your prompt action te1minating the exposure of California consumersto the hazards of ac1ylamide generated by your air fryers or providing the statutorily requiredwarnings.Very truly yours,METZGER LAW GROUPBy: Raphaelzger, Esq.General Couns l of CERTcc: all governmental authorities per attached proof of service (without Proposition 65 summaiy)enclosures: Summary of Proposition 65; Certificate of MeritF:\WP\Cases\2001\NOTICES\Proposltlon 65 Notice with Addressees, rev'd.wpd

CERTIFICATE OF MERITHealth and Safety Code Section 25249.6I, Raphael Metzger, hereby declare:1.I am an attorney at law, duly licensed and authorized to practice law in theState of California.2.Unless the context indicates otherwise, I have personal knowledge of thematters set forth hereinafter and, if called as a witness, I would competently testify thereto.3.I am General Counsel for the noticing party, Council for Education andResearch on Toxics, a California corporation whose charitable purposes are education and researchregarding toxic substances.4.This Certificate of Merit accompanies the attached sixty-day notice in whichit is alleged that the parties identified in the notice have violated Health and Safety Code§ 25249.6by failing to provide clear and reasonable warnings regarding acrylamide produced by the air fryersthey manufacture, distribute, or sell to consumers, who are exposed to acrylamide when they eat airfried plant-based foods as well as various other air-fried foods.5.Council for Education and Research on Toxics alleges that since at leastJanuary 2018 and continuing to the present, the entities identified in the notice have exposed andcontinue to expose California consumers to high levels of acrylamide produced by air f1yersmanufactured, distributed or sold by those entities identified in the attached notice. Exposures toacrylamide unavoidably occurred via ingestion whenever a consumer ate plant-based and variousother foods air-fried in the air fryers manufactured, distributed, or sold by said entities. Acrylamideis a toxic chemical known to the State of California to cause cancer and has been listed since January1990 as a carcinogen on the list of carcinogenic chemicals published by the Governor of the Stateof California at 22 California Code of Regulations § 1200(b). Because acrylamide is listed inProposition 65 as a carcinogen, pursuant to Health & Safety Code§ 25249.6, the entities identified1

''in the attached notice were, and are, required to warn their consumers that the air fryers that theymanufacture, distribute or sell expose consumers to acrylamide, a chemical known by the State ofCalifornia to cause cancer before exposing consumers to acrylamide in foods air-fried in the airfryers.6.Since at least January 2018, the entities identified in the attached noticeviolated and continue to violate California Health & Safety Code§ 25249.6 by exposing numerousindividuals within the State of California to acrylamide without first giving clear and reasonablewarnings to said individuals that the air fryers that they manufacture, distribute and sell to customersexpose them to acrylamide in foods air-fried in said machines.7.I have consulted with an expert who has reviewed facts, studies, and other dataregarding the presence of, concentration of, and exposure to acrylamide from air fryersmanufactured, distributed, and/or sold by those entities identified in the attached sixty-day notice.8.The expert that I consulted has the relevant and appropriate experience andexpertise to review said facts, studies, and data because this expert holds a Ph.D., has published inthe field of toxicology and risk assessment and has much experience and knowledge regarding thetoxicology of acrylamide and acrylamide in food.9.Based on the information obtained through my consultation, and on all otherinformation in my possession, I believe that exposures to high levels of acrylamide unavoidablyoccun-ed via ingestion whenever a consumer ate plant-based and various other foods that were airfried in air fryers manufactured, distributed and supplied by the entities identified in the attachedsixty-day notice from at least January 1, 2018 and continuing to the present. I also believe, basedon my consultation and the information in my possession, that there is a reasonable and meritoriouscase for a private action, pursuant to Health & Safety Code § 25249.7(d). I understand that"reasonable and meritorious case for private action" means that information provides a credible basisthat all elements of the private action can be established and that the information did not prove thatthe alleged violators will be able to establish any of the affirmative defenses set forth in the statute.2

10.The copy of this Certificate of Merit served on the Attorney General attachesto it factual information sufficient to establish the basis for this certificate, including the informationidentified in Health and Safety Code Section 25249.7(h)(2), i.e., (1) the identity of the personconsulted with and relied on by the certifier, and (2) the facts and other data reviewed by that person.I declare under penalty of perjury under the laws of the State of California that theforegoing is true and correct.Raphael Metzger3

APPENDIX AOFFICE OF ENVIRONMENTAL HEALTH HAZARD ASSESSMENTCALIFORNIA ENVIRONMENTAL PROTECTION AGENCYTHE SAFE DRINKING WATER AND TOXIC ENFORCEMENT ACT OF 1986(PROPOSITION 65): A SUMMARYThe following summary has been prepared by the California Office of Environmental Health HazardAssessment (OEHHA), the lead agency for the implementation of the Safe Drinking Water and ToxicEnforcement Act of 1986 (commonly known as "Proposition 65"). A copy of this summary must be included asan attachment to any notice of violation served upon an alleged violator of the Act. The summary providesbasic information about the provisions of the law, and is intended to serve only as a convenient source ofgeneral information. It is not intended to provide authoritative guidance on the meaning or application of thelaw. The reader is directed to the statute and OEHHA implementing regulations (see citations below) forfurther information.FOR INFORMATION CONCERNING THE BASIS FOR THE ALLEGATIONS IN THE NOTICE RELATED TOYOUR BUSINESS, CONTACT THE PERSON IDENTIFIED ON THE NOTICE.The text of Proposition 65 (Health and Safety Code Sections 25249.5 through 25249.13) is available online . Regulations that provide more specific guidance oncompliance, and that specify procedures to be followed by the State in carrying out certain aspects of the law,are found in Title 27 of the California Code of Regulations, sections 25102 through 27001. 1 Theseimplementing regulations are available online at: http://oehha.ca.gov/prop65/law/P65Regs.html.WHAT DOES PROPOSITION 65 REQUIRE?The "Proposition 65 List." Under Proposition 65, the lead agency (OEHHA) publishes a list of chemicals thatare known to the State of California to cause cancer and/or reproductive toxicity. Chemicals are placed on theProposition 65 list if they are known to cause cancer and/or birth defects or other reproductive harm, such asdamage to female or male reproductive systems or to the developing fetus. This list must be updated at leastonce a year. The current Proposition 65 list of chemicals is available on the OEHHA website at:http://www.oehha.ca.gov/prop65/prop65 lisUNewlist.html.Only those chemicals that are on the list are regulated under Proposition 65. Businesses that produce, use,release or otherwise engage in activities involving listed chemicals must comply with the following:Cleat and reasonable warnings. A business is required to warn a person before "knowingly and intentionally"exposing that person to a listed chemical unless an exemption applies. The warning given must be "clear andreasonable." This means that the warning must: (1) clearly make known that the chemical involved is known tocause cancer, or birth defects or other reproductive harm; and (2) be given in such a way that it will effectivelyreach the person before he or she is exposed to that chemical. Some exposures are exempt from the warningrequirement under certain circumstances discussed below.Prohibition from discharges into drinking water. A business must not knowingly discharge or release alisted chemical into water or onto land where it passes or probably will pass into a source of drinking water.Some discharges are exempt from this requirement under certain circumstances discussed below.DOES PROPOSITION 65 PROVIDE ANY EXEMPTIONS?Yes. You should consult the current version of the statute and ex.html) to determine all applicable exemptions, the most common ofwhich are the following:1All further regulatory references are to sections of Title 27 of the California Code of Regulations unless otherwiseindicated. The statute, regulations and relevant case law are available on the OEHHA website at:http://www.oehha.ca.gov/prop65/law/index.html.

Grace Period. Proposition 65 warning requirements do not apply until 12 months after the chemical has beenlisted. The Proposition 65 discharge prohibition does not apply to a discharge or release of a chemical thattakes place less than 20 months after the listing of the chemical.Governmental agencies and public water utilities. All agencies of the federal, state or local government, aswell as entities operating public water systems, are exempt.Businesses with nine or fewer employees. Neither the warning requirement nor the discharge prohibitionapplies to a business that employs a total of nine or fewer employees. This includes all full and part-timeemployees, not just those present in California.Exposures that pose no significant risk of cancer. For chemicals that are listed under Proposition 65 asknown to the State to cause cancer, a warning is not required if the business causing the exposure candemonstrate that the exposure occurs at a level that poses "no significant risk." This means that the exposureis calculated to result in not more than o·ne excess case of cancer in 100,000 individuals exposed over a 70year lifetime. The Proposition 65 regulations identify specific "No Significant Risk Levels" (NSRLs) for manylisted carcinogens. Exposures below these levels are exempt from the warning requirement. See OEHHA'swebsite at:http://www.oehha.ca.gov/prop65/getNSRLs.html for a list of NSRLs, and Section 25701 et seq. of theregulations for information concerning how these levels are calculated.Exposures that will produce no observable reproductive effect at 1,000 times the level In question. Forchemicals known to the State to cause reproductive toxicity, a warning is not required if the business causingthe exposure can demonstrate that the exposure will produce no observable effect, even at 1,000 times thelevel in question. In other words, the level of exposure must be below the "no observable effect level" dividedby 1,000. This number is known as the Maximum Allowable Dose Level (MADL). See OEHHA's website at:http://www.oehha.ca.gov/prop65/getNSRLs.html for a list of MADLs, and Section 25801 et seq. of theregulations for information concerning how these levels are calculated.Exposures to Naturally Occurring Chemicals in Food. Certain exposures to chemicals that naturally occurin foods (i.e., that do not result from any known human activity, including activity by someone other than theperson causing the exposure) are exempt from the warning requirements of the law. If the chemical is acontaminant2 it must be reduced to the lowest level feasible. Regulations explaining this exemption can befound in Section 25501.Discharges that do not result in a "significant amount" of the listed chemical entering any source ofdrinking water. The prohibition from discharges into drinking water does not apply if the discharger is able todemonstrate that a "significant amount" of the listed chemical has not, does not, or will not pass into orprobably pass into a source of drinking water, and that the discharge complies with all other applicable laws,regulations, permits, requirements, or orders. A "significant amount" means any detectable amount, except anamount that would meet the "no significant risk" level for chemicals that cause cancer or that is 1,000 timesbelow the "no observable effect" level for chemicals that cause reproductive toxicity, if an individual wereexposed to that amount in drinking water.HOW IS PROPOSITION 65 ENFORCED?Enforcement is carried out through civil lawsuits. These lawsuits may be brought by the Attorney General, anydistrict attorney, or certain city attorneys. Lawsuits may also be brought by private parties acting in the publicinterest, but only after providing notice of the alleged violation to the Attorney General, the appropriate districtattorney and city attorney, and the business accused of the violation. The notice must provide adequateinformation to allow the recipient to assess the nature of the alleged violation. The notice must comply with theinformation and procedural requirements specified in Section 25903 of Title 27 and sections 3100-3103 of Title11. A private party may not pur

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