General Warning Requirements. Commencing on the Compliance Date, ZB agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. 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, directly to each Covered Products sold in California by ZB, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Mercury, which are known to the State of California to cause birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR 2) WARNING: Reproductive Harm – xxx.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 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 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, 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 mercury in this product are no longer required, a lack of warning by ZB will not thereafter be a breach of this Agreement. 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 Compliance Date, ZB agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. 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, directly to each Covered Products sold in California by ZB, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this product can expose you to chemicals including Mercury, which are known to the State of California to cause birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodxxx.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. 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 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 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, 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 mercury in this product are no longer required, a lack of warning by ZB will not thereafter be a breach of this Agreement. 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 Compliance Date, ZB Xxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ZB 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, directly to each Covered Products sold in California by ZBKencko, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this product can expose you to chemicals including MercuryLead, which are known to the State of California to cause birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodxxx.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 ZB Kencko 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 Kencko or any of the Releasees after the Effective Date. There shall be no obligation for ZB Kencko 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 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, ZB Kencko 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 mercury lead in this product are no longer required, a lack of warning by ZB Xxxxxx will not thereafter be a breach of this Agreement. ZB Kencko 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 Compliance Date, ZB Xxx Xxxxxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ZB Xxx Xxxxxxxxx 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, directly to each Covered Products sold in California by ZBSun Chlorella, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this product can expose you to chemicals including MercuryLead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodxxx.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 ZB Sun Chlorella 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 Xxx Xxxxxxxxx or any of the Releasees after the Effective Date. There shall be no obligation for ZB Sun Chlorella 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 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, ZB Sun Chlorella 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 mercury lead in this product are no longer required, a lack of warning by ZB Xxx Xxxxxxxxx will not thereafter be a breach of this Agreement. ZB Sun Chlorella 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 Compliance Effective Date, ZB Xxxxxx 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. ZB Xxxxxx Xxxxx agrees that each such 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, directly to each Covered Products sold in California by ZBXxxxxx Xxxxx, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this This product can expose you to chemicals including Mercurydiethanolamine (DEA), which are is known to the State of California to cause birth defects or other reproductive harmcancer. For more information, information go to xxx.X00Xxxxxxxx.xx.xxx/xxxxxxx.X00Xxxxxxxx.xx.xxx. OR
2) WARNING: Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodCancer- 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 ZB Xxxxxx Xxxxx where Covered Products are sold into California. Xxxxxx 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. 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 Xxxxxx Xxxxx or any of the Releasees after the Effective Date. There shall be no obligation for ZB Xxxxxx 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. Xxxxxx Xxxxx shall be deemed compliant with the the terms of this Settlement if it ceases selling Covered Products in California.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment 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, 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 mercury in this product are no longer required, a lack of warning by ZB will not thereafter be a breach of this Agreement. 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.Statutes
Appears in 1 contract
Samples: Settlement Agreement
General Warning Requirements. Commencing on the Compliance Effective Date, ZB Subtl agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ZB 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, directly to each Covered Products sold in California by ZBSubtl, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this This product can expose you to chemicals including MercuryTitanium Dioxide, which are is known to the State of California to cause birth defects or other reproductive harmcancer. For more information, information go to xxx.X00Xxxxxxxx.xx.xxx/xxxxxxx.X00Xxxxxxxx.xx.xxx. OR
2) WARNING: Reproductive Harm Cancer– xxx.X00Xxxxxxxx.xx.xxx./foodxxx.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. 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 ZB 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 ZB Subtl or any of the Releasees after the Effective Date. There shall be no obligation for ZB 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 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, ZB 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 mercury TiO2 in this product are no longer required, a lack of warning by ZB Subtl will not thereafter be a breach of this Agreement. ZB 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 thirty (30) days after the Compliance Effective Date, ZB KMK agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ZB KMK 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, directly to each Covered Products sold in California by ZBKMK, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this This product can expose you to chemicals including Mercurylead, which are is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodxxx.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 ZB KMK 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 KMK or any of the Releasees after the Effective Date. There shall be no obligation for ZB KMK 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 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, ZB KMK 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 mercury Lead in this product are no longer required, a lack of warning by ZB KMK will not thereafter be a breach of this Agreement. ZB KMK 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 Compliance Effective Date, ZB Xxxxxxxxx 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. ZB Xxxxxxxxx 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, directly to each Covered Products sold in California by ZBCraighill, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this This product can expose you to chemicals including Mercurylead, which are is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, information go to xxx.X00Xxxxxxxx.xx.xxx/xxxxxxx.X00Xxxxxxxx.xx.xxx. OR
2) WARNING: Cancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodxxx.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 ZB Craighill where Covered Products are sold into California. Craighill 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 ZB Craighill or any of the Releasees after the Effective Date. There shall be no obligation for ZB Craighill 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 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, ZB Craighill 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 mercury lead in this product are no longer required, a lack of warning by ZB Craighill will not thereafter be a breach of this Agreement. 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 Compliance Date, ZB agrees any Covered Product sold that was not reformulated if WhatIf is required to provide a warning pursuant to paragraph 2.1 shall contain a Proposition 65 warningone of the below warning options must be utlized. ZB WhatIf 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, directly to each Covered Products sold in California by ZBWhatIf, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this product can expose you to chemicals including MercuryLead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodxxx.X00Xxxxxxxx.xx.xxx/xxxx. Except that WhatIf shall use the phrase “cancer and” in the warning only if WhatIf has reason to believe that the daily lead exposure is greater than 15 micrograms of Lead or if WhatIf has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. 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 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 WhatIf or any of the Releasees after the Effective Compliance Date. There shall be no obligation for ZB WhatIf to provide a warning for Covered Products that entered the stream of commerce prior to the Effective 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 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, ZB WhatIf 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 mercury lead in this product are no longer required, a lack of warning by ZB WhatIf will not thereafter be a breach of this Agreement. ZB WhatIf 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 Compliance Date, ZB Xxxxxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ZB Xxxxxxxxx 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, directly to each Covered Products sold in California by ZBCerebelly, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this product can expose you to chemicals including MercuryLead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer and Reproductive Harm – xxx.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 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 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, ZB Cerebelly 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 mercury lead in this product are no longer required, a lack of warning by ZB Cerebelly will not thereafter be a breach of this Agreement. ZB Cerebelly 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 Compliance Date, ZB Xxx Xxxxxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ZB Xxx Xxxxxxxxx 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, directly to each Covered Products sold in California by ZBSun Chlorella, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:
1) WARNING: Consuming this product can expose you to chemicals including MercuryLead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR.
2) WARNING: Cancer and Reproductive Harm – xxx.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 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 Productsxxx.X00Xxxxxxxx.xx.xxx/xxxx.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment 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, ZB Sun Chlorella 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 mercury in this product are no longer required, a lack of warning by ZB will not thereafter be a breach of this Agreement. ZB Sun Chlorella 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 Compliance Date, ZB Xxxxxxxx agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ZB 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, directly to each Covered Products Product sold in California by ZBXxxxxxxx, or on a placard, shelf tag, sign or sign, electronic device device, or automatic process that contains one of the following statements:
1) WARNING: Consuming this product can expose you to chemicals including MercuryLead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. OR
2) WARNING: Cancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx./foodxxx.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 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, or a hyperlink to the warning using the word, “WARNING,” shall be posted on any websites under the exclusive control of ZB where Xxxxxxxx from which Covered Products are sold into California. Xxxxxxxx shall also instruct any third-party website to which it sells its Covered Products to include the same warning as a condition here 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 ZB Xxxxxxxx or any of the Releasees after the Effective Date. There shall be no obligation for ZB Xxxxxxxx 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 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, ZB Xxxxxxxx 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 mercury Lead in this product are no longer required, a lack of warning by ZB Xxxxxxxx will not thereafter be a breach of this Agreement. 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