Changes in Advertising. In Xxxxxxx’x Marketing Materials, Xxxxxxx’x agrees to not use the term “human grade” unless they comply with the voluntary criteria established by the Association of American Feed Control Officials (“AAFCO”) as set forth in their guidance titled “AAFCO Human Grade Standards for Pet Products,” dated August 1, 2017, including any amendments, clarifications or updates thereto, which provides standards and guidelines for the use of the term “human grade” in the labeling of pet foods and specialty pet foods. A complete copy of the August 1, 2017 AAFCO Guidelines is attached hereto as Exhibit G and incorporated herein by reference. Xxxxxxx’x further agrees that (i) Xxxxxxx’x will not use the phrase “People Food for Pets” in any of its Marketing Materials, including but not limited to “Organic People Food for Pets”; (ii) Xxxxxxx’x will not circulate videos or other demonstrations showing people eating their Pet Food; and (iii) Xxxxxxx’x will not describe their manufacturing facilities as “USDA inspected” in any of its Marketing Materials, and will not describe their products as using “USDA-inspected meats” or “USDA-inspected ingredients,” except as set forth below. Xxxxxxx’x may specify in its Marketing Materials that particular ingredients were sourced from “human grade facilities” under the following conditions: (1) Each ingredient subject to such a claim is specifically identified; (2) for each ingredient represented as sourced from a human grade facility, Xxxxxxx’x maintains in its records invoices showing the identity of the facility from which the ingredient was sourced; and (3) Xxxxxxx’x maintain in its records proof that each ingredient identified as sourced from a “human grade facility” was purchased from a human grade facility or a retailer of food products sold to the public for human consumption. Xxxxxxx’x may, when appropriate, state that a product qualifies as “Certified Organic” under the USDA National Organic Program. Xxxxxxx’x may, when appropriate, state that their facility is USDA-APHIS inspected and that it is inspected under the USDA National Organic Program. Xxxxxxx’x may make the unqualified characterization that their manufacturing facility is “USDA inspected” in its Marketing Materials only if its facility becomes USDA-FSIS certified. If the facility becomes USDA-FSIS certified within five (5) years after final settlement approval, Xxxxxxx’x will provide proof of such certification to Plaintiffs before using this phrase in connection with...
