Clear and Reasonable Warnings. As of the Effective Date, all Products Big Lots sells and/or distributes for sale in California that do not qualify as Reformulated Products shall bear a clear and reasonable warning pursuant to this Section. Big Lots further agrees that the warning shall be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. A warning affixed directly to the product or product packaging, label or tag, for Products sold in California that contains one of the following statements shall constitute a clear and reasonable warning for purposes of this Settlement Agreement: WARNING: Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause birth defects and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx. The above warning statements shall also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING.”
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Clear and Reasonable Warnings. As of the Effective Date, all Products Big Lots Xxxxxx Buttes sells and/or distributes for sale in California that do not qualify as Reformulated Products shall bear a clear and reasonable warning pursuant to this Section. Big Lots Xxxxxx Buttes further agrees that the warning shall be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. A warning affixed directly to the product or product packaging, label or tag, for Products sold in California that contains one of the following statements shall constitute a clear and reasonable warning for purposes of this Settlement Agreement: WARNING: Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause birth defects and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx. The above warning statements shall also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING.”
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. As of the Effective Date, all Products Big Lots Over and Back sells and/or distributes for sale in California that do not qualify as Reformulated Products shall bear a clear and reasonable warning pursuant to this Section. Big Lots Over and Back further agrees that the warning shall be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. A warning affixed directly to the product or product packaging, label or tag, for Products sold in California that contains one of the following statements shall constitute a clear and reasonable warning for purposes of this Settlement Agreement: WARNING: Cancer and Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx WARNING: This product can expose you to chemicals including lead, which 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. The above warning statements shall also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING.”
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. (a) As of the Effective Date, all Products Big Lots Designpac sells and/or distributes for sale in California that do not qualify as Reformulated Products shall bear a clear and reasonable warning pursuant to this Section. Big Lots Designpac further agrees that the warning shall be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. A warning affixed directly to the product or product packaging, label or tag, for Products sold in California that contains one of the following statements shall constitute a clear and reasonable warning for purposes of this Settlement Agreement: WARNING: Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause birth defects and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx. .
(b) The above warning statements shall also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the product packaging, label or tag for the Products is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. In the event the Office of Environmental Health Hazard Assessment (“OEHHA”) promulgates one or more regulations requiring or permitting specific safe harbor warning text and/or methods of transmission relevant to the Products that are different than those set forth above, Designpac shall be entitled to use, at its discretion, such other specific safe harbor warning text and/or methods of transmission without being deemed in breach of this Agreement.”
Appears in 1 contract
Samples: Settlement Agreement
Clear and Reasonable Warnings. As of the Effective Date, all Products Big Lots IMDC sells and/or distributes for sale in California that do not qualify as Reformulated Products shall bear a clear and reasonable warning pursuant to this Section. Big Lots IMDC further agrees that the warning shall be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. A warning affixed directly to the product or product packaging, label or tag, for Products sold in California that contains one of the following statements shall constitute a clear and reasonable warning for purposes of this Settlement Agreement: WARNING: Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause birth defects and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx. The above warning statements shall also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING.”
Appears in 1 contract
Samples: Settlement Agreement