General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander that contains the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx. 2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander where Covered Products are sold into California. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on thirty (30) days after the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Promix agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Promix, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxidelead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. The triangle above shall be yellow on the warning statement. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Promix where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Promix or any of the Releasees after the Effective Date. There shall be no obligation for Promix to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Promix shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Promix will not thereafter be a breach of this Agreement. Wander Promix shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Empacadora San Marcos agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Empacadora San Marcos agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Empacadora San Marcos, or provided via a placard, shelf tag, sign or electronic device or automatic process that contains or delivers one of the following statements:
1) [California] WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) [California] WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxxCancer and Reproductive Harm xxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word WARNING purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning shall be posted on is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Wander Empacadora San Marcos where Covered Products are sold into California. In addition, Empacadora San Marcos shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Empacadora San Marcos to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates or promulgates proposes one or more regulations requiring or permitting alternative Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, or states in writing that such alternative warning text and/or methods of transmission are permissible, which are different than those set forth above, Wander Empacadora San Marcos shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. Such other warning text and/or methods of transmission include, but are not limited to, electronic devices or processes (e.g., QR codes) accessible on the packaging of each Covered Product that automatically provide the warning to the purchaser prior to or during the purchase of Covered Products sold in California by Empacadora San Marcos. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead and cadmium in this product are no longer required, a lack of warning by Wander Empacadora San Marcos will not thereafter be a breach of this Agreement. Wander Empacadora San Marcos shall instruct any third-third- party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing Unless the Covered Product meets the Reformulation Standard, commencing on the Effective Date, Xxxxxx WP agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning. Xxxxxx WP agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander WP, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to [chemicals including Titanium Dioxideincluding] lead, which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: CancerReproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. The triangle above shall be yellow on the warning statement unless the sign, label or shelf tag does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the second warning statement option is displayed on the Covered Products’ packagingused, it must be in a type size no smaller than the largest type size used for other “consumer information information” on the product. In product and in no case shall a such warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. “Consumer information” includes warnings and directions for use, but does not include the brand name, product name, company name, location of manufacture or product advertising. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any e-commerce websites under the exclusive control of Wander WP where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in the stream of commerce that had not been reformulated and are distributed and/or sold by WP or any of the Releasees after the Effective Date. There shall be no obligation for WP to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, regardless of when those Covered Products are distributed or sold, and the Section 4 release applies to all such Covered Products. WP shall instruct any third-party website to which it has actual knowledge sells its Covered Products to California to include the same warning as a condition of selling the Covered Products; however, WP does not assume any duty to monitor any third-party websites for compliance. The warning requirements set forth herein are imposed pursuant to the terms of this Settlement Agreement and are recognized by the Parties as not being the exclusive manner of providing a “clear and reasonable” Proposition 65 warning for the Covered Products. Warnings may also be provided in any manner authorized by the Proposition 65 regulations, as may be amended in the future.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander WP shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander WP will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its In the event a court of competent jurisdiction approves of a reformulation standard for lead in Covered Products that is higher than the Reformulation Standard, WP is permitted to include the same warning as a condition use such reformulation standard at any time without being deemed in breach of selling the Covered Productsthis Agreement.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx NutraChamps agrees any Covered Product sold into California that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx NutraChamps agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander NutraChamps, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancer[cancer and] birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer[Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. The warning shall include the terms “Cancer and” if consumer exposure, per section 2.1 above, exceeds 15 ug/day. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander NutraChamps where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by NutraChamps or any of the Releasees after the Compliance Date. There shall be no obligation for NutraChamps to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander NutraChamps shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation legislation, or judicial rulings are enacted or issued providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander NutraChamps shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.warning..
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Good To-Go agrees that any Covered Product sold that was does not reformulated pursuant to paragraph or may not satisfy the Reformulation Standards in Section 2.1 shall contain a Proposition 65 warning. Xxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to provided via a link on the packaging, label, tag, or directly to packaging of each Covered Products Product sold in California by Wander that contains Good To-Go. The link shall directly take consumers to a webpage on which a Proposition 65 warning is provided. The web page shall provide one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxidelead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This The link to the warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If The link to the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a the link to the warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same Such warning shall be posted on any websites under constitute compliance with Proposition 65 with respect to alleged lead and cadmium in the exclusive control of Wander where Covered Products are for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold into Californiaby Good To-Go or any of the Releasees after the Compliance Date. There shall be no obligation for Good To-Go to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Good To-Go shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, or if a court of competent jurisdiction finds that Proposition 65 for exposures to lead in food products are no longer required, a lack of warning by Wander Good To-Go will not thereafter be a breach of this Agreement. Wander Good To-Go shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Riverside agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Riverside agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Riverside, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Riverside where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Riverside or any of the Releasees after the Compliance Date. There shall be no obligation for Riverside to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Riverside shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Riverside will not thereafter be a breach of this Agreement. Wander Riverside shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Universal agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Universal agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Universal, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Universal where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in Universal’s existing inventory that had not been reformulated and were distributed and/or sold by Universal after the Effective Date. There shall be no obligation for Universal to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Universal shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Universal will not thereafter be a breach of this Agreement. Wander Universal shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx XXXXXXX agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by Wander ROCKMAN that contains one of the following warning statements:
1) : WARNING: This Consuming this product can expose you to chemicals chemicals, including Titanium Dioxide, Lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerReproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This warning statement xxx.X00Xxxxxxxx.xx.xxx/xxxx The Warning shall be prominently displayed on securely affixed to or printed upon the Covered Productslabel of each product, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be set off from other surrounding information and enclosed in a type size no smaller than the largest type size used for other consumer information on the productbox. In no case shall a warning statement displayed on addition, the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites website under the exclusive control of Wander ROCKMAN, where the Covered Products are sold into directly to consumers located in California.
. The warning requirements of this section shall be satisfied if the forgoing warning appears either (ia) Changes in Warning Regulations on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Products, or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates (c) on one or more regulations requiring web pages displayed to a purchaser prior to purchase during the checkout process. The Warning shall be at least the same size as the largest of any other health or permitting Proposition 65 warning text and/or methods of transmission applicable to safety warnings also appearing on the Covered Products website or on the label, and the chemical at issue, which are different than those set forth above, Wander word "WARNING" shall be entitled in all capital letters and in bold print. No statements intended to useor likely to have the effect of diminishing the impact of the Warning on the average layperson shall accompany the Warning. Further, at its discretion, such other warning text and/or method no statements may accompany the Warning that state or imply that the source of transmission without being deemed the listed chemical has an impact on or results in breach a less harmful effect of this Agreementthe listed chemical. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 the consumer information in this the product are no longer requiredis in a foreign language, a lack of the warning by Wander will not thereafter must also be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include in the same warning as a condition of selling the Covered Productsforeign language.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx InGRAINed agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander inGRAINed that contains the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxideacrylamide, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx.
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. xxx.X00Xxxxxxxx.xx.xxx/xxxx This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander inGRAINed where Covered Products are sold into California.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander or legislation is enacted by the California legislature, United States Congress, or voters with such requirements or permission, inGRAINed shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations regulations, legislation, or legislation are enacted providing judicial decisions provide that Proposition 65 warnings as to TiO2 acrylamide in this product are no longer required, a lack of warning by Wander inGRAINed will not thereafter be a breach of this Agreement. Wander InGRAINed shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Zen Spirit, if and only if the Daily Lead Exposure Level iln the Covered Product is more than 0.5 micrograms, then Zen Spirit agrees that any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warningwarning if offered for sale to California customers. Xxxxxx Zen Spirit agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Zen Spirit, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Zen Spirit where Covered Products are sold into California. If Zen Spirit or its distributors, retailers or resellers sell Covered Products via internet websites to customers located in California, the warning requirements of this section shall also be satisfied if the warning is displayed online prior to the purchase on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle with the clickable word “WARNING” in bold, black font, in the font size no less than the product description, and a link to the text of the full warning and the website xxxx://xxx.X00Xxxxxxxx.xx.xxx may appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Zen Spirit or any of the Releasees after the Compliance Date. There shall be no obligation for Zen Spirit to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Zen Spirit shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, or in the event of federal pre-emption, a lack of warning by Wander Zen Spirit will not thereafter be a breach of this Agreement. Wander Zen Spirit shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on within ninety (90) days of the Effective Date, Xxxxxx CBC agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Xxxxxx CBC agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander CBC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium DioxideDiethanolamine (DEA), which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxxCancer- xxx.X00Xxxxxxxx.xx.xxx The triangle above shall be yellow on the warning statement; provided, however, the triangle may be in white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the second 3560775.2 warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning shall be posted on is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Wander CBC where Covered Products are sold into California. In addition, CBC shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for CBC to provide a warning for Covered Products that are in CBC’s inventory or entered the stream of commerce prior to the Effective Date through ninety (90) days after the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander CBC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or 4560775.2 legislation are enacted providing that Proposition 65 warnings as to TiO2 DEA in this product the Covered Products are no longer required, a lack of warning by Wander CBC will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx XXXXXX agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by Wander SEMPIO that contains one of the following warning statements:
1) : WARNING: This Consuming this product can expose you to chemicals chemicals, including Titanium Dioxide, Lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerReproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This warning statement xxx.X00Xxxxxxxx.xx.xxx/xxxx The Warning shall be prominently displayed on securely affixed to or printed upon the Covered Productslabel of each product, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be set off from other surrounding information and enclosed in a type size no smaller than the largest type size used for other consumer information on the productbox. In no case shall a warning statement displayed on addition, the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites website under the exclusive control of Wander SEMPIO, where the Covered Products are sold into directly to consumers located in California.
. The warning requirements of this section shall be satisfied if the forgoing warning appears either (ia) Changes in Warning Regulations on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Products, or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates (c) on one or more regulations requiring web pages displayed to a purchaser prior to purchase during the checkout process. The Warning shall be at least the same size as the largest of any other health or permitting Proposition 65 warning text and/or methods of transmission applicable to safety warnings also appearing on the Covered Products website or on the label, and the chemical at issue, which are different than those set forth above, Wander word "WARNING" shall be entitled in all capital letters and in bold print. No statements intended to useor likely to have the effect of diminishing the impact of the Warning on the average layperson shall accompany the Warning. Further, at its discretion, such other warning text and/or method no statements may accompany the Warning that state or imply that the source of transmission without being deemed the listed chemical has an impact on or results in breach a less harmful effect of this Agreementthe listed chemical. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 the consumer information in this the product are no longer requiredis in a foreign language, a lack of the warning by Wander will not thereafter must also be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include in the same warning as a condition of selling the Covered Productsforeign language.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx XXX agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by Wander POP that contains one of the following warning statements:
1) : WARNING: This Consuming this product can expose you to chemicals chemicals, including Titanium Dioxide, Lead which is known to the State of California to cause cancer, birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This warning statement xxx.X00Xxxxxxxx.xx.xxx/xxxx The Warning shall be prominently displayed on securely affixed to or printed upon the Covered Productslabel of each product, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be set off from other surrounding information and enclosed in a type size no smaller than the largest type size used for other consumer information on the productbox. In no case shall a warning statement displayed on addition, the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites website under the exclusive control of Wander POP, where the Covered Products are sold into directly to consumers located in California.
. The warning requirements of this section shall be satisfied if the forgoing warning appears either (ia) Changes in Warning Regulations on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Products, or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates (c) on one or more regulations requiring web pages displayed to a purchaser prior to purchase during the checkout process. The Warning shall be at least the same size as the largest of any other health or permitting Proposition 65 warning text and/or methods of transmission applicable to safety warnings also appearing on the Covered Products website or on the label, and the chemical at issue, which are different than those set forth above, Wander word "WARNING" shall be entitled in all capital letters and in bold print. No statements intended to useor likely to have the effect of diminishing the impact of the Warning on the average layperson shall accompany the Warning. Further, at its discretion, such other warning text and/or method no statements may accompany the Warning that state or imply that the source of transmission without being deemed the listed chemical has an impact on or results in breach a less harmful effect of this Agreementthe listed chemical. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 the consumer information in this the product are no longer requiredis in a foreign language, a lack of the warning by Wander will not thereafter must also be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include in the same warning as a condition of selling the Covered Productsforeign language.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx agrees any Covered Product sold that was Munchkin distributes or sells in the State of California that is not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Xxxxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander that contains one of the following statements:
1) : WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Munchkin where Covered Products are sold into California.
(i) . Munchkin shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products. Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Munchkin shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Munchkin will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx Avondale agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning. Xxxxxx Avondale agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Avondale, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxidelead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. The triangle above shall be yellow on the warning statement. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase when a California delivery address is indicated. If an on- product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on-product warning. For purposes of this section, a warning shall be posted on is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Wander Avondale where Covered Products are sold into California. In addition, Avondale shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Avondale to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Avondale shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Avondale will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing Except as otherwise stated herein, commencing on the Effective Compliance Date, Xxxxxx Life Enhancing agrees any Covered Product sold distributed for sale in CA that was not reformulated exceeds the Daily Lead Exposure Level pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Life Enhancing agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Life Enhancing, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead and lead compounds, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. (“Long-Form Warning”) OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. (“Short-Form Warning”) 3560775.2 This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning Short-Form Warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Life Enhancing where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed for sale in CA by Life Enhancing or any of the Releasees after the Compliance Date. There shall be no obligation for Life Enhancing to provide a warning for Covered Products distributed for sale in CA that exceed the Daily Lead Exposure Level that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issueListed Chemical, which are different than those set forth above, Wander Life Enhancing shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 the Listed Chemical in this product are no longer required, a lack of warning by Wander Life Enhancing will not thereafter be a breach of this Agreement. Wander Life Enhancing shall instruct any third-party website to 4560775.2 which it sells Life Enhancing knows distributes for sale in CA its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx Subtl agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Subtl agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Subtl, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander Subtl where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Subtl or any of the Releasees after the Effective Date. There shall be no obligation for Subtl to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Subtl shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander Subtl will not thereafter be a breach of this Agreement. Wander Subtl shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Xxxx agrees any Covered Product sold that was is not reformulated pursuant to paragraph 2.1 that Xxxx sells in California shall contain a Proposition 65 warning. Xxxxxx Xxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products Product sold in California by Wander Xxxx, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) [California Prop 65] WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideCadmium, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. or
2) [California Prop 65] WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing labeling of the Covered Products, on the packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to salesale or use. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other “consumer information information” on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point typefont. If the Covered Products’ labeling contains “consumer information” in a foreign language, a warning statement in that language is also required. The same warning shall be posted on any websites under the exclusive control of Wander Wang where Covered Products are sold into California.
(i) Changes . Xxxx shall also post the warning, if it has the ability to do so, on the websites of third-party internet sellers where it has knowledge the third party internet sellers are selling the Covered Products in Warning Regulations or Statutes California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any that have not been reformulated hereunder. There shall be no obligation for Xxxx to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Xxxx shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 cadmium in this product Covered Products are no longer required, a lack of warning by Wander Xxxx will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx for any Covered Product that does not meet the Reformulation Standard in 2.1 Xxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning. Xxxxxx Xxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Luchi, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideCadmium, which is are known to the State of California to cause cancerbirth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerReproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Luchi where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Luchi or any of the Releasees after the Compliance Date. There shall be no obligation for Luchi to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Luchi shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations regulations, legislation, or legislation judicial rulings are enacted or issued providing that a Proposition 65 warnings as to TiO2 in this warning for the product are is no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander Luchi shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Productswarning.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx XXX agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by Wander POP that contains one of the following warning statements:
1) : cancer, birth defects or other WARNING: This Consuming this product can expose you to chemicals chemicals, including Titanium Dioxide, Lead which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This warning statement xxx.X00Xxxxxxxx.xx.xxx/xxxx The Warning shall be prominently displayed on securely affixed to or printed upon the Covered Productslabel of each product, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be set off from other surrounding information and enclosed in a type size no smaller than the largest type size used for other consumer information on the productbox. In no case shall a warning statement displayed on addition, the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites website under the exclusive control of Wander POP, where the Covered Products are sold into directly to consumers located in California.
. The warning requirements of this section shall be satisfied if the forgoing warning appears either (ia) Changes in Warning Regulations on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Products, or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates (c) on one or more regulations requiring web pages displayed to a purchaser prior to purchase during the checkout process. The Warning shall be at least the same size as the largest of any other health or permitting Proposition 65 warning text and/or methods of transmission applicable to safety warnings also appearing on the Covered Products website or on the label, and the chemical at issue, which are different than those set forth above, Wander word "WARNING" shall be entitled in all capital letters and in bold print. No statements intended to useor likely to have the effect of diminishing the impact of the Warning on the average layperson shall accompany the Warning. Further, at its discretion, such other warning text and/or method no statements may accompany the Warning that state or imply that the source of transmission without being deemed the listed chemical has an impact on or results in breach a less harmful effect of this Agreementthe listed chemical. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 the consumer information in this the product are no longer requiredis in a foreign language, a lack of the warning by Wander will not thereafter must also be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include in the same warning as a condition of selling the Covered Productsforeign language.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx L-Nutra agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx L-Nutra agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander L-Nutra, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read Cancer and understood by an ordinary individual prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander where Covered Products are sold into California.Reproductive Harm –
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander L-Nutra shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander L-Nutra will not thereafter be a breach of this Agreement. Wander L- Nutra shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Codeage agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Codeage agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Codeage, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Codeage where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Codeage or any of the Releasees after the Effective Date. There shall be no obligation for Codeage to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Codeage shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Codeage will not thereafter be a breach of this Agreement. Wander Codeage shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Paradise agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered of the Products sold or distributed in California by Wander Paradise that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide, lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx;
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point typeReproductive Xxxx-xxx.X00Xxxxxxxx.xx.xxx/xxxx. The same warning shall be posted offset in a box. For internet purchases, the warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on any websites under the exclusive control of Wander where Covered Products are sold into CaliforniaProducts’ display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English.
(i) Changes in Warning Regulations or Statutes The Parties agree and intend for compliance with the terms of this Section 2 to constitute compliance with Proposition 65 with respect to exposures to lead from the Products. The requirements for warnings, set forth above, are imposed pursuant to the terms of this Settlement Agreement. The Docusign Envelope ID: 33564D49-1125-4C01-8A04-FAA7BE0DAFFC Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. The Parties agree that Paradise shall be deemed to be in compliance with Proposition 65 and this Settlement Agreement as it relates to Products by adhering to this Section 2 or by complying with warning requirements set forth under California Health & Safety Code §25249.5, et seq. and/or adopted by the State of California’s Office of Environmental Health Hazard Assessment applicable to the product and the exposure at issue that are in effect after the Compliance Date. In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Paradise shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in this product are warning for the Products is no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Ancient Provisions agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Ancient Provisions agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Ancient Provisions, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancer[cancer and] birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer[Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Ancient Provisions where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Ancient Provisions or any of the Releasees after the Effective Date. There shall be no obligation for Ancient Provisions to provide a warning for Covered Products manufactured prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Ancient Provisions shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Ancient Provisions will not thereafter be a breach of this Agreement. Wander Ancient Provisions shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx PBD agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx PBD agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander PBD, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander PBD where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by PBD or any of the Releasees after the Effective Date. There shall be no obligation for PBD to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander PBD shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander PBD will not thereafter be a breach of this Agreement. Wander PBD shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees For any Covered Product sold that was not reformulated pursuant intentionally containing octocrylene or benzophenone manufactured on or after the Compliance Date, PDC agrees to paragraph 2.1 shall contain add a Proposition 65 warning. Xxxxxx agrees that each warning for California sales, which shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander PDC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium DioxideBenzophenone, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The warning shall also comply with 27 C.C.R. § 25602 (d). Specifically, where the product sign, or label used to provide the warning includes consumer information in a language other than English, the warning must also be provided in that language in addition to English. The same warning shall be posted on any websites under the exclusive control of Wander PDC where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Benzophenone in the Covered Products for any Covered Products in inventory that had not been reformulated and were distributed and/or sold by PDC or any of the Releasees after the Compliance Date. PDC PDC shall be deemed to comply with its obligations under this Agreement if it discontinues sales of the Covered Products in California on or before the Compliance Date.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander PDC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 Benzophenone in this product are no longer required, a lack of warning by Wander PDC will not thereafter be a breach of this Agreement. Wander PDC shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx FRO agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning. Xxxxxx XXX agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander FRO, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxidelead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. The triangle above shall be yellow on the warning statement. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander FRO where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by FRO or any of the Releasees after the Effective Date. There shall be no obligation for FRO to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander FRO shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander FRO will not thereafter be a breach of this Agreement. Wander FRO shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing Subject to section 2.4 (Grace Period) below, commencing on the Effective DateDate Fitglow agrees that Covered Products, Xxxxxx agrees any Covered Product if any, sold in California that was not reformulated pursuant to paragraph 2.1 or 2.2 shall contain a Proposition 65 warning. Xxxxxx Fitglow agrees that each warning warning, if any, shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, or tag, or directly to each Covered Products sold in California by Wander Fitglow, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium DioxideDioxide (airborne, unbound particles of respirable size), which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander Fitglow where Covered Products are sold into California.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander Fitglow shall instruct any third-third- party website to which it directly sells its Covered Products to include the same warning as a condition of selling the Covered ProductsProducts in California.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander that contains the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander where Covered Products are sold into California.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, or legislation is enacted by the California legislature, United States Congress or voters with such requirements or permission, Wander shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on within ninety (90) days of the Effective Date, and continuing thereafter, Xx- Xxx Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning. Xx-Xxx Xxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Xx-Xxx Xxxxxx, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxidelead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This OR
3) In lieu of Option 1 or Option 2 set forth above, the Products may be labeled with any safe harbor warning statement shall be prominently displayed authorized by regulation applicable to the Products in effect on or after the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander where Covered Products are sold into CaliforniaEffective Date.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Xx-Xxx Stores shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Xx-Xxx Stores will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx ECC agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander ECC that contains the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideAcrylamide, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. xxx.X00Xxxxxxxx.xx.xxx This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander ECC where Covered Products are sold into California.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander or legislation is enacted by the California legislature, United States Congress or voters with such requirements or permission, ECC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 Acrylamide in this product are no longer required, a lack of warning by Wander ECC will not thereafter be a breach of this Agreement. Wander ECC shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated If PYM is required to provide a warning pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Section 2.1, XXX agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, . designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist be provided to California consumers in manner that complies with 27 C.C.R. §25602(a) and which contains one of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander that contains the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide, lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx;
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point typeReproductive Xxxx-xxx.X00Xxxxxxxx.xx.xxx/xxxx. The same warning shall be posted offset in a box with black outline. In addition, for the Covered Product sold over the Internet by PYM, PYM shall comply with 27 C.C.R. §25602(b). For Product that PYM provides for a downstream entity to sell on the internet, PYM shall include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English. If CRC alleges that any websites under Product fails to adhere to this Settlement Agreement, then CRC shall inform PYM of its test results, including information sufficient to permit PYM to identify the exclusive control Product at issue and investigate. PYM shall, within thirty (30) days following such notice, provide CRC with testing information demonstrating PYM’s compliance with the Settlement Agreement, or proof that omission of Wander where Covered Products are the Warning was due to the Product being packaged, distributed, shipped or sold into Californiaprior to the Compliance Date. The Parties shall first attempt to resolve the matter prior to CRC taking any further legal action.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander PYM shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in this product are warning for the Product is no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx SSI agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products of the Product sold or distributed in California by Wander SSI that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide, lead which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx; or
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read Cancer and understood by an ordinary individual prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point typeReproductive Xxxx-xxx.X00Xxxxxxxx.xx.xxx/xxxx. The same warning shall be posted offset in a box with black outline. For internet purchases, the warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on any websites under the exclusive control Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Product that SSI provides for a downstream entity to sell on the internet, SSI shall include an instruction that the entity comply with the warning requirements of Wander where Covered Products are sold into Californiathis section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander or legislation is enacted allowing such different warnings, SSI shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in this product are warning for the Product is no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Vitamin Shoppe agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Vitamin Shoppe agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Vitamin Shoppe, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxidelead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Vitamin Shoppe where Covered Products are sold into California. If the warning appears on a shelf tag for a Covered Product, the symbol “” may appear separately from the text of the warning, so long as the text of the warning is prominently displayed on a placard or sign in a location where it is likely to be seen by consumers prior to purchase of the Covered Product.Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Vitamin Shoppe or any of the Releasees after the Effective Date. There shall be no obligation for Vitamin Shoppe to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Vitamin Shoppe shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Vitamin Shoppe will not thereafter be a breach of this Agreement. Wander Vitamin Shoppe shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Natural agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Natural agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Natural, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxidelead and cadmium, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Natural where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Natural or any of the Releasees after the Effective Date. There shall be no obligation for Natural to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Natural shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Natural will not thereafter be a breach of this Agreement. Wander Natural shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx ZB agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx ZB agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander ZB, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideMercury, which is are known to the State of California to cause cancerbirth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerReproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx./food. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander ZB where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by ZB or any of the Releasees after the Effective Date. There shall be no obligation for ZB to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander ZB shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 mercury in this product are no longer required, a lack of warning by Wander ZB will not thereafter be a breach of this Agreement. Wander ZB shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx LKK agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx LKK agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander LKK, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancerbirth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerReproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander LKK where Covered Products are sold into California.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting . Such warning shall constitute compliance with Proposition 65 warning text and/or methods of transmission applicable with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by LKK or any of the Releasees after the Effective Date. There shall be no obligation for LKK to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the chemical at issue, which are different than those set forth above, Wander shall be entitled Section 4 release applies to use, at its discretion, all such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx FFL agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning. Xxxxxx FFL agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander FFL, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxidelead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. The triangle above shall be yellow on the warning statement. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander FFL where Covered Products are sold into California. FFL shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by FFL or any of the Releasees after the Effective Date. There shall be no obligation for FFL to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander FFL shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander FFL will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Xxxx’s agrees that any Covered Product sold in California that was does not reformulated pursuant to meet the standard in paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Lily’s, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxidelead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This One of the above warning statement statements shall be prominently displayed on Covered Products that do not meet the Covered Productsstandards in paragraph 2.1, on the packing of the such Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other “consumer information information,” as that term is defined Cal. Code Regs. tit. 27, § 25600.1, on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Xxxx’s where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to lead that may be present in the Covered Products for any Covered Products in existing inventory that does not meet the standards in paragraph 2.1 and were distributed and/or sold by Xxxx’s or any of the Releasees after the Compliance Date. There shall be no obligation for Xxxx’s to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment Assessment, or a different lead agency designated in the future by the Governor to oversee or implement Proposition 65, promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Xxxx’s shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, or if a court of competent jurisdiction finds that Proposition 65 warnings for exposures to lead in food products are no longer required or that a different standard than the one required by this Agreement applies, a lack of warning by Wander Xxxx’s that is consistent with such revised regulations, legislation, or standard will not thereafter be a breach of this Agreement. Wander Lily’s shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx Xxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Xxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Glow, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander Glow where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Glow or any of the Releasees after the Effective Date. There shall be no obligation for Glow to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Glow shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander Glow will not thereafter be a breach of this Agreement. Wander Glow shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx and continuing thereafter, LexUnder agrees any Covered Product Products sold that was were not reformulated pursuant to paragraph 2.1 shall contain a clear and reasonable Proposition 65 warning. Xxxxxx LexUnder agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander LexUnder, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) : WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning statement shall be posted on any websites under the exclusive control of Wander LexUnder where Covered Products are sold into the State of California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by LexUnder or any of the Releasees after the Effective Date. There shall be no obligation for LexUnder to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products. LexUnder may comply with the warning requirements of this section by any other means authorized pursuant to Health and Safety Code § 25249.5 et seq. and/or by adhering to the safe harbor regulations and/or guidelines published by the Office of Environmental Health Hazard Assessment, as they may be amended from time to time.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander LexUnder shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product the Covered Products are no longer required, a lack of warning by Wander LexUnder will not thereafter be a in breach of this Settlement Agreement, and LexUnder’s compliance with this legislation or regulations will constitute compliance with Section 2 of this Settlement Agreement. Wander LexUnder shall instruct ask any third-third- party website to which it sells its Covered Products to include the same warning statement as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Xxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Xxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Xxxxx, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxidelead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander Xxxxx where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Xxxxx or any of the Releasees after the Effective Date. There shall be no obligation for Xxxxx to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Xxxxx shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Xxxxx will not thereafter be a breach of this Agreement. Wander Xxxxx shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx RC agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products of the Product sold or distributed in California by Wander RC that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide, lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx;
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point typeReproductive Xxxx-xxx.X00Xxxxxxxx.xx.xxx/xxxx. The same warning shall be posted offset in a box with black outline. For internet purchases, the warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on any websites under the exclusive control Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. For Product that RC provides for a downstream entity to sell on the internet, RC shall include an instruction that the entity comply with the warning requirements of Wander where Covered Products are sold into Californiathis section. Where a consumer product sign, label or shelf tag used to provide a warning includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander RC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in this product are warning for the Product is no longer required, a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx BCG agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx BCG agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each packaging label of the Covered Products sold in California by Wander BCG, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read Cancer and understood by an ordinary individual prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander where Covered Products are sold into California.Reproductive Harm –
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander BCG shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product Covered Product are no longer required, a lack of warning by Wander BCG will not thereafter be a breach of this Agreement. Wander BCG shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx QPC agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx QPC agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander QPC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxidecadmium, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This One of the above warning statement statements shall be prominently displayed on the Covered ProductsProducts that do not meet the standards in paragraph 2.1, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other “consumer information information” on the product, as that term is defined in Cal. Code Regs. Tit. 27,
1 . In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander QPC where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to cadmium in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by QPC or any of the Releasees after the Compliance Date. There shall be no obligation for QPC to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment Assessment, or a different lead agency designated in the future by the Governor to oversee or implement Proposition 65, promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander QPC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 cadmium in this product are no longer required, or if a court of competent jurisdiction finds that Proposition 65 warnings for exposures to cadmium in food products are no longer required or that a different standard than the one required by this Agreement applies, a lack of warning by Wander QPC that is consistent with such revised regulations, legislation or standard will not thereafter be a breach of this Agreement. Wander QPC shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Vitamin Shoppe agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Vitamin Shoppe agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Vitamin Shoppe, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxidelead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Vitamin Shoppe where Covered Products are sold into California. If the warning appears on a shelf tag for a Covered Product, the symbol “” may appear separately from the text of the warning, so long as the text of the warning is prominently displayed on a placard or sign in a location where it is likely to be seen by consumers prior to purchase of the Covered Product. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Vitamin Shoppe or any of the Releasees after the Effective Date. There shall be no obligation for Vitamin Shoppe to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Vitamin Shoppe shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Vitamin Shoppe will not thereafter be a breach of this Agreement. Wander Vitamin Shoppe shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective next production of Covered Products inclusive of Covered Product packaging following the Compliance Date, Xxxxxx Zen Spirit, if and only if the Daily Lead Exposure Levelin the Covered Product is more than 0.5 micrograms, then Zen Spirit agrees that any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warningwarning if offered for sale to California customers, as specified in this Agreement. Xxxxxx Zen Spirit agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Zen Spirit, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Zen Spirit where Covered Products are sold into California. If Zen Spirit or its distributors, retailers or resellers sell Covered Products via internet websites to customers located in California, the warning requirements of this section shall also be satisfied if the warning is displayed online prior to the purchase on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle with the clickable word “WARNING” in bold, black font, in the font size no less than the product description, and a link to the text of the full warning and the website xxxx://xxx.X00Xxxxxxxx.xx.xxx may appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Zen Spirit or any of the Releasees after the Compliance Date. There shall be no obligation for Zen Spirit to provide a warning for Covered Products manufactured, packaged, in the process of manufacturing and/or in the process of packaging prior to the Compliance Date, including Covered Product packaging produced prior to the Compliance Date and/or Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Zen Spirit shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, or in the event of federal pre-emption, a lack of warning by Wander Zen Spirit will not thereafter be a breach of this Agreement. Wander Zen Spirit shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx UCAN agrees that any Covered Product sold it sells in California that was is not reformulated pursuant to paragraph 2.1 a Reformulated Covered Product shall contain a Proposition 65 warning. Xxxxxx UCAN agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products Product sold in California by Wander UCAN, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) [California Prop 65] WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. or
2) [California Prop 65] WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be prominently displayed on the Covered Products, on the packing labeling of the Covered Products, on the packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to saleuse. If the warning is displayed on the product label it shall be placed in a box. If the warning statement is displayed on the Covered Products’ labeling or packaging, it must be in a type size no smaller than the largest type size used for other “consumer information information” on the product. In no case shall a warning statement displayed on the Covered Products’ labeling or packaging appear in a type size smaller than 6-point type. If the Covered Products’ labeling contains “consumer information” in a foreign language, a warning statement in that language is also required. The same warning shall be posted on any websites under the exclusive control of Wander UCAN where Covered Products are sold into California.
(i) Changes . Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in Warning Regulations the Covered Products for any Covered Products in existing inventory that have not been reformulated and were distributed and/or sold by UCAN or Statutes any of the Releasees after the Compliance Date. There shall be no obligation for UCAN to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander UCAN shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product Covered Products are no longer required, a lack of warning by Wander UCAN will not thereafter be a breach of this Agreement. Wander UCAN shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered ProductsProducts in California. UCAN shall post the warning on its own website and, if it has the ability to do so, on the websites of third-party internet sellers where it has actual knowledge the third-party internet sellers are selling the Covered Products in California.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx Japonesque agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Japonesque agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Japonesque, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander Japonesque where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Japonesque or any of the Releasees after the Effective Date. There shall be no obligation for Japonesque to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Japonesque shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander Japonesque will not thereafter be a breach of this Agreement. Wander Japonesque shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Riverside agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Riverside agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Riverside, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideLead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Riverside where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Riverside or any of the Releasees after the Compliance Date. There shall be no obligation for Riverside to provide a warning for Covered Products that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Riverside shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in this product are no longer required, a lack of warning by Wander Riverside will not thereafter be a breach of this Agreement. Wander Riverside shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Compliance Date, Xxxxxx Perfect agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Perfect agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Wander Perfect, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) : WARNING: This Consuming this product can expose you to chemicals including Titanium DioxideCadmium, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerCancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxxxxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packagingpackaging or if the short-form warning shown as option 2 above is selected, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Product’s packaging contains consumer information in a foreign language, a warning statement in that language is required. The same warning shall be posted on any websites under the exclusive control of Wander Perfect where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Perfect or any of the Releasees after the Effective Date. There shall be no obligation for Perfect to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Perfect shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 cadmium in this product are no longer required, a lack of warning by Wander Perfect will not thereafter be a breach of this Agreement. Wander Perfect shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx SPROUT agrees that each warning required under section 2.1 (if any) shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices devices, as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products Product sold or distributed in California by Wander SPROUT that contains one of the following warning statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancerharm. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR WARNING: CancerReproductive Harm – xxx.X00Xxxxxxxx.xx.xxx. This warning statement xxx.X00Xxxxxxxx.xx.xxx/xxxx The Warning shall be prominently displayed on securely affixed to or printed upon the Covered Products, on the packing label of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read each product and understood by an ordinary individual prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be set off from other surrounding information and enclosed in a type size no smaller than the largest type size used for other consumer information on the productbox. In no case shall a warning statement displayed on addition, the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites website under the exclusive control of Wander SPROUT, where the Covered Products are Product is sold into to consumers located in California.
. The warning requirements of this section shall be satisfied if the forgoing warning appears either: (ia) Changes in Warning Regulations on the same web page on which a Covered Product is displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates (c) on one or more regulations requiring or permitting Proposition 65 warning text and/or methods web pages displayed to a purchaser prior to purchase during the checkout process. XXXXXX agrees to inform third parties of transmission applicable the need to the Covered Products and the chemical at issue, which are different than those set forth above, Wander shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, provide a lack of warning by Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Productssale of the product if the product is sold on third-party websites. However, SPROUT does not assume any duty to monitor third-party websites.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Effective Date, Xxxxxx Jouer agrees that any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided contains TiO2 in a manner such that concentration level exceeding the consumer or user understands to standard set forth in Section 2.1 above, and which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, is distributed or directly to each Covered Products sold by Jouer in the State of California by Wander that contains after the Compliance Date, shall include one of the following warning statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander Jouer where Covered Products are sold into California.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Jouer shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Wander Jouer will not thereafter be a breach of this Agreement. Wander Jouer shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on within one year from the Effective Date, Xxxxxx Xxxxxxx agrees any Covered Product sold manufactured, distributed, or offered for sale in California that was is not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. Xxxxxx Xxxxxxx agrees that each warning shall be prominently placed with such conspicuousness, as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed (a) directly to the each Covered Product sold in California by Xxxxxxx or to its packaging, label, or tag or (b) on a placard, shelf tag, sign or directly to each Covered Products sold in California by Wander electronic device or automatic process that contains one of the following statements:
1) WARNING: This product can expose you to chemicals including Titanium Dioxide, which is known to the State of California to cause cancer. For more information go to xxx.X00Xxxxxxxx.xx.xxx.. OR
2) WARNING: Cancer– xxx.X00Xxxxxxxx.xx.xxx. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed 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 prior to sale. If the Option 2 warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a an Option 2 warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of Wander Xxxxxxx where Covered Products are sold into California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Xxxxxxx or any of the Releasees after the Effective Date. There shall be no obligation for Xxxxxxx to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, Wander Xxxxxxx shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations regulations, published California appellate opinion(s), or legislation are enacted or issued providing that Proposition 65 warnings as to TiO2 in this type of product are no longer required, a lack of warning by Wander Xxxxxxx will not thereafter be a breach of this Agreement. Wander Xxxxxxx shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.
Appears in 1 contract
Samples: Settlement Agreement
