Clear and Reasonable Warnings. For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and are directly sold or offered for sale in California by Giant Sports International Limited Liability Company after the Effective Date, Giant Sports International Limited Liability Company shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: OPTION 1: WARNING: Consuming this product can expose you to chemicals including [lead] [and] [cadmium] which is [are] known to the State of California [cancer and] birth defects and other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Giant Sports International Limited Liability Company shall use the phrase “cancer and” in the warning if Giant Sports International Limited Liability Company has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Giant Sports International Limited Liability Company has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. As identified in the brackets, the warning shall appropriately reflect whether there is lead or cadmium present in each of the Covered Products. The words “chemicals including” may be deleted from the warning content if the warning is being provided for an exposure to a single chemical. The warning provided pursuant to Section 2.3 shall be prominently affixed to or printed on the Covered Product’s packaging or label with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 of the California Code of Regulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the warning. In the event Giant Sports International Limited Liability Company provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size no smaller than the largest size used for other consumer information on the product, and in no case shall the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code of Regulations, Section 25601(e).
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. For any Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and that are directly sold or offered for sale in California by Giant Sports International Limited Liability Company Chemi-Source after the Effective Date, Giant Sports International Limited Liability Company Chemi-Source shall only sell or offer for sale said non-non- reformulated Covered Products for sale in California when accompanied with by one of the following Proposition 65 warnings: OPTION 1: [California Proposition 65] WARNING: Consuming this product can expose you to [chemicals including [leadincluding] [and] [cadmium] lead which is [are] known to the State of California to cause [cancer and] birth defects and or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxxxxx.X00Xxxxxxxx.xx.xxx/xxxx” OROr: OPTION 2: [California Proposition 65] WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Giant Sports International Limited Liability Company Language in brackets is optional, but Chemi-Source shall use the phrase “cancer and” in the warning if Giant Sports International Limited Liability Company Chemi-Source has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Giant Sports International Limited Liability Company Chemi-Source has reason to believe that another Proposition 65 listed chemical is present which may require a cancer warning. As identified in the brackets, the warning shall appropriately reflect whether there is lead or cadmium present in each of the Covered Products. The words “chemicals including” may be deleted omitted from the warning content if the warning is being provided for an exposure to a single chemicallead only. The warning provided pursuant to Section 2.3 shall be prominently affixed to or printed on the Covered Product’s packaging container, packaging, or label with such conspicuousness, as compared with other words, statements, or designs designs, as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. If the warning is provided on the Covered Product label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet from Chemi-Source’s website where a California delivery address is indicated, the warning or a clearly marked hyperlink to the warning using the word(s) “[California Proposition 65] WARNING” (language in brackets optional) shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 25600 et seq. of Title 27 of the California Code of Regulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the warning. In the event Giant Sports International Limited Liability Company Chemi-Source provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size no smaller than the largest size used for other “consumer information information” on the productproduct label as defined in 27 Cal. Code of Regs. § 25600(c), and in no case shall the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code of Regulations, Section 25601(e).
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. For any XYZ affixed the warnings below to the packaging for all filament Covered Products manufactured after beginning on July 15, 2019. XYZ has affixed the Effective Date that do not qualify as Reformulated warnings below to the packaging for all 3D printer Covered Products and are directly sold or offered for sale in California by Giant Sports International Limited Liability Company after the Effective Datebeginning on January 20, Giant Sports International Limited Liability Company shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: OPTION 1: 2020. WARNING: Consuming this This product can expose you to chemicals including [lead] [and] [cadmium] styrene which is [are] known to the State of California [cancer and] birth defects and other reproductive harmto cause cancer. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: information, visit xxx.X00Xxxxxxxx.xx.xxx. XYZ will continue to provide such warnings for all Covered Products distributed or offered for sale in California, but will modify the warning for 3D printers as follows within 45 days of the Effective Date. For 3D Printers WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Giant Sports International Limited Liability Company This 3D Printer - when used with a styrene filament (ABS / HIPS / or PC- ABS) can expose you to chemicals, including Styrene, which is known to the State of California to cause cancer. For more information, visit www.P65 Xxxxxxxx.xx.xxx. XYZ shall use affix the phrase “cancer and” in above warning statements to or print them on the Covered Products packaging, and print the warning if Giant Sports International Limited Liability Company has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Giant Sports International Limited Liability Company has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. As identified statements in the brackets, the warning shall appropriately reflect whether there is lead or cadmium present in each of the Covered Products’ instruction booklets (if any). The words “chemicals including” XYZ shall also ensure that the warning statements are included in any online material promoting the Covered Products which may be deleted from viewed by consumers in California - on each Covered Products’ display page or by otherwise prominently displaying the warning content if statement to the warning is being provided for an exposure purchaser prior to a single chemicalcompleting the purchase. The warning provided pursuant to Section 2.3 statements shall be prominently affixed to or printed on the Covered Product’s packaging or label displayed with such conspicuousness, as compared with other words, statements, designs, or designs devices as to render it them likely to be read and understood by an ordinary individual under customary conditions of purchase or use. If Warnings may be contained in the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 same section of the California Code instruction booklets that contains other safety warnings concerning the use of Regulationsthe Covered Products. An asterisk or other identifying method must be utilized to identify which products on The type size of the checkout page are subject to the warning. In the event Giant Sports International Limited Liability Company provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size legible, and no smaller than any other warning provided with the largest size used for other consumer information on the product, Covered Products and in no case shall the warning appear in a type size smaller less than 6-twelve (12) point typefont. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code of Regulations, Section 25601(e).The word
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. For any A Covered Products manufactured Product shipped, sold or offered for sale by the IKEA Parties after the Effective Date that do not qualify may, as Reformulated Covered Products and are directly an alternative to meeting the Reformulation Levels, be sold or offered for sale in California by Giant Sports International Limited Liability Company after with a Clear and Reasonable Warning that complies with the Effective Date, Giant Sports International Limited Liability Company provisions of Section 3.2. A Clear and Reasonable Warning under this Agreement shall only sell state either: [PROPOSITION 65] WARNING: This product contains [a] chemical[s] known to the State of California to cause cancer [and birth defects or offer said non-reformulated Covered Products for sale in California when accompanied with one of the following warnings: OPTION 1: other reproductive harm]. Or [PROPOSITION 65] WARNING: Consuming this product can expose you to chemicals including [lead] [and] [cadmium] acrylamide, which is [are] known to the State of California to cause cancer [cancer and] and birth defects and or other reproductive harm]. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: to xxx.X00Xxxxxxxx.xx.xxx/xxxx. Or [PROPOSITION 65] WARNING: Consuming this product can expose you to chemicals including acrylamide [ and ], which are known to the State of California to cause cancer [Cancer and] Reproductive Harm – and birth defects or other reproductive harm]. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx” Giant Sports International Limited Liability Company shall use the phrase “cancer and” in the warning if Giant Sports International Limited Liability Company has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Giant Sports International Limited Liability Company has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. As identified in the bracketsIn any case, the warning word “WARNING” shall appropriately reflect whether there be displayed in all capital letters and bold print, and the bracketed text may, but is lead or cadmium present in each of the Covered Products. The words “chemicals including” may not required to, be deleted from the warning content if the warning is being provided for an exposure to a single chemicalused. The warning provided pursuant to Section 2.3 statement shall be prominently affixed to displayed on a label, labeling or printed on the Covered Product’s packaging or label sign, and must be displayed with such conspicuousness, as compared with other words, statementsstatements designs or devices on the label, labeling, or designs sign, as to render it the warning likely to be read and understood by an ordinary individual under customary conditions of purchase or use. If the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the The warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 comply with applicable provisions of Title 27 of the California Code of RegulationsRegulations § 25601, et seq. An asterisk or other identifying method must as currently in force and as they may be utilized amended from time to identify time, including with respect to those regulations which products shall become operative on August 30, 2018. For the checkout page are subject to the warning. In the event Giant Sports International Limited Liability Company provides the warning pursuant to OPTION 2, aboveavoidance of doubt, the entire parties agree that the form of warning must be in use by IKEA Parties at the time of the execution of this Agreement, a type size no smaller than the largest size used for other consumer information on the productcopy of which is attached hereto as Exhibit “A”, and in no case shall the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” shall be in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code of Regulations, Section 25601(e)conforms to existing law.
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. For any Covered Products manufactured No later than 120 days after the Effective Date that do not qualify as Reformulated Date, Covered Products and are directly sold distributed, or offered for sale in California by Giant Sports International Limited Liability Company after the Effective Date, Giant Sports International Limited Liability Company shall only sell or offer said non-reformulated Covered Products for sale in California when accompanied with include one of the following warnings: OPTION 1warning statements: WARNING: Consuming Chemicals known to the state of California to cause birth defects or other reproductive harm, including carbon monoxide, are produced by combustion of propane, charcoal or wood when used with this product. Or, WARNING: This product can expose you to chemicals including [lead] [and] [cadmium] carbon monoxide, which is [are] a combustion byproduct known to the State of California [cancer and] to cause birth defects and or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Giant Sports International Limited Liability Company shall use the phrase “cancer and” in the warning if Giant Sports International Limited Liability Company has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Giant Sports International Limited Liability Company has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. As identified in the brackets, the warning shall appropriately reflect whether there is lead or cadmium present in each of the Covered Products. The words “chemicals including” may be deleted from the warning content if the warning is being provided for an exposure to a single chemicalxxx.X00Xxxxxxxx.xx.xxx. The warning provided pursuant to Section 2.3 statements shall be prominently affixed to or printed on packaging for Covered Products, as well as printed in the Covered Product’s packaging or label Products’ instruction booklets (if any). The warnings shall be displayed with such conspicuousness, as compared with other words, statements, designs, or designs devices as to render it them likely to be read and understood by an ordinary individual under customary conditions of purchase or use. If Warnings may be contained in the warning is provided on the label, it must be set off from other surrounding information and enclosed in a box. In addition, for any Covered Product sold over the internet where a California delivery address is indicated, the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 same section of the California Code instruction booklets that contains other safety warnings concerning the use of Regulationsthe Covered Products. An asterisk or other identifying method must be utilized to identify which products on The type size of the checkout page are subject to the warning. In the event Giant Sports International Limited Liability Company provides the warning pursuant to OPTION 2, above, the entire warning must be in a type size legible, and no smaller than any other warning provided with the largest size used for other consumer information on the product, and in no case shall the warning appear in a type size smaller than 6-point typeCovered Products. For all warnings, the The word “WARNING:” shall be in all capital upper case letters and bold text. Defendant may utilize a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold print. Any additional statements black outline or a black exclamation point in a white triangle with black border if no yellow is used in the section of the packaging, print or online material regarding the Covered Products that contains other warning shall comply with Title 27, California Code language regarding use of Regulations, Section 25601(e)the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. For any As of the Effective Date, Fulham Group includes with all Covered Products manufactured after the Effective Date that do not qualify as Reformulated Covered Products and are directly sold or offered for sale in California by Giant Sports International Limited Liability Company after one of the Effective Datewarning statements set forth on Exhibit A, Giant Sports International Limited Liability Company shall only sell or offer said non-reformulated attached hereto. When Fulham Group next changes the packaging for the Covered Products but in any event no later than August 31, 2018, for all Covered Products offered for sale in California when accompanied with California, Fulham Group shall include one of the following warnings: OPTION 1warning statements: WARNING: Consuming Chemicals known to the state of California to cause birth defects or other reproductive harm, including carbon monoxide, are produced by combustion of propane, charcoal or wood when used with this product. Or, WARNING: Use of this product with propane, charcoal or wood can expose you to chemicals including [lead] [and] [cadmium] carbon monoxide, which is [are] a combustion byproduct known to the State of California [cancer and] to cause birth defects and or other reproductive harm. For more information go to: xxx.X00xxxxxxxx.XX.xxx/xxxx” OR: OPTION 2: WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx” Giant Sports International Limited Liability Company shall use the phrase “cancer and” in the warning if Giant Sports International Limited Liability Company has reason to believe that the “Daily Lead Exposure Level” is greater than 15 micrograms of lead or if Giant Sports International Limited Liability Company has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. As identified in the brackets, the warning shall appropriately reflect whether there is lead or cadmium present in each of the Covered Products. The words “chemicals including” may be deleted from the warning content if the warning is being provided for an exposure to a single chemicalxxx.X00Xxxxxxxx.xx.xxx. The warning provided pursuant to Section 2.3 statements shall be prominently affixed to or printed on packaging for Covered Products, as well as printed in the Covered Product’s packaging or label Products’ instruction booklets (if any). The warnings shall be displayed with such conspicuousness, as compared with other words, statements, designs, or designs devices as to render it them likely to be read and understood by an ordinary individual under customary conditions of purchase or use. If Warnings may be contained in the same section of the instruction booklets that contain other safety warnings concerning the use of the Covered Products. The type size of the warning is provided on the label, it must be set off from legible, and no smaller than any other surrounding information warning provided with the Covered Products. The word “WARNING:” shall be in upper case letters and enclosed bold text. Fulham Group may utilize a symbol consisting of a black exclamation point in a box. In addition, for any Covered Product sold over yellow equilateral triangle with a bold black outline or a black exclamation point in a white triangle with black border if no yellow is used in the internet where a California delivery address is indicated, the warning shall be provided either by including the warning on the product display page, by otherwise prominently displaying the warning to the purchaser during the checkout process prior to completing the purchase, or by any other means authorized under Section 25607.1 of Title 27 section of the California Code packaging, print or online material regarding the Covered Products that contains other warning language regarding use of Regulations. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the warningCovered Products. In the event Giant Sports International Limited Liability Company provides that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning pursuant to OPTION 2, text and/or methods of transmission different from those set forth above, the entire warning must be in a type size no smaller than the largest size used for other consumer information on the product, and in no case shall the warning appear in a type size smaller than 6-point type. For all warnings, the word “WARNING” Fulham Group shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in all capital letters in bold print. Any additional statements in the warning shall comply with Title 27, California Code breach of Regulations, Section 25601(e)this Agreement.
Appears in 1 contract
Samples: Settlement Agreement