Common use of Federal Food, Drug and Cosmetic Act Clause in Contracts

Federal Food, Drug and Cosmetic Act. Seller guarantees that none of the Products or any component or ingredient thereof included in any shipment or other delivery of Products hereafter made by Seller to or on the order of Buyer is, as of the date of such purchase or delivery, adulterated or misbranded, or unsafe, within the meaning of the Federal Food, Drug and Cosmetic Act, with all revisions and amendments pertaining thereto, and the Food Additives Amendment of 1958 or within the meaning of any substantially similar state or municipal law or ordinance. Seller warrants that none of the Products, nor any component or ingredient thereof, are prohibited from being introduced into interstate or intrastate commerce pursuant to any federal, state, or municipal law or ordinance. If at any xxxx Xxxxxx is notified by any state, federal or other governmental entity that Products sold to Buyer are the subject of any regulatory inquiry or action, Seller shall immediately notify Buyer, and, in such event, Buyer may, in its absolute discretion, discontinue sourcing Products from Seller for such period as Buyer determines, notwithstanding the terms of this Agreement.