Injunctive Relief Reformulation Testing and Warnings. In consideration of the following covenants of SEA SNACK, and the other conditions contained in this Agreement, PHSA releases SEA SNACK as set forth in Section 6 below. For the purposes of this Settlement agreement, the term “Effective Date” shall mean September 24, 2021.
3.1 Beginning on the Effective Date, SEA SNACK shall not manufacture for sale in the State of California, “distribute into the State of California,” or directly sell in the State of California, any Covered Product which expose a person to more than 0.5 micrograms of Lead based on the recommended serving size on the Covered Product’s label, unless each such unit of the Covered Product bears a warning meeting the warning requirements under Section 3.2. Furthermore, beginning on the Effective Date, SEA SNACK shall not manufacture for sale in the State of California, “distribute into the State of California,” or directly sell in the State of California, any Covered Product which expose a person to more than 4.1 micrograms of Cadmium based on the recommended serving size on the Covered Product’s label, unless each such unit of the Covered Product bears a warning meeting the warning requirements under Section 3.2.
3.1.1 As used in this Settlement Agreement and Release, the term “Distribute into the State of California” shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that SEA SNACK knows will sell the covered Product in California.
3.1.2 For the Purpose of this Agreement, the amount of Lead or Cadmium a person is exposed to form the Covered Product shall be calculated using the following formula: micrograms of Lead or Cadmium per gram of product, multiplied by grams of product per serving of the product (using the largest serving size appearing on the product label), multiplied by servings of the product per day (using the largest number of servings in recommended dosage appearing on the product label), which equals micrograms of Lead or Cadmium exposure per day.
Injunctive Relief Reformulation Testing and Warnings. In consideration of the following covenants of PGI, and the other conditions contained in this Agreement, CTWG releases PGI as set forth in Section 6 below:
3.1 Beginning on the Effective Date, PGI shall not manufacture for sale in the State of California, “[d]istribute into the State of California,” or directly sell in the State of California, any Covered Product which expose a person to more than 0.5 micrograms of lead based the 30-day average consumption of 4.29 grams per day for mussels (as determined in the National Health and Examination Survey (“NHANES”) study published by Nature America, Inc. in the Journal of Exposure Science and Environmental Epidemiology (2013), p.128-136 (Table 7) (referred to as the “NHANES Study”), or any NHANES mussels consumption published consumption study for mussels conducted after the NHANES Study; unless each such unit of the Covered Product bears a warning meeting the warning requirements under Section 3.2.
3.1.1 As used in this Settlement Agreement and Release, the term “Distribute into the State of California” shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that PGI knows will sell the Covered Product in California.
3.1.2 For the purposes of this Agreement, the amount of lead a person is exposed to from the Covered Product shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per day consumed (using the value of 4.29 grams per day per the NHANES Study or otherwise pursuant to Section 3.1 above), which equals micrograms of lead exposure per day.
Injunctive Relief Reformulation Testing and Warnings
