Injunctive Relief Warnings. 2.1 Commencing one hundred eighty (180) days after the Execution Date, Quinoa shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”). Covered Products that were manufactured, packed, or labeled prior to the Execution Date and up to 180 days after the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled. As used in this Settlement Agreement, the term "distributing in 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 Quinoa knows or has reason to know will sell the Covered Product in California.
Injunctive Relief Warnings. 2.1 Commencing sixty (60) days after the Execution Date, W/R shall not sell, offer for sale, ship for sale or otherwise directly or indirectly distribute in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”) or are within safe harbor levels, which include No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs) as established under Proposition 65 as determined by a single day serving. Covered Products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled. The On-product warnings shall state: WARNING: Cancer and reproductive harm xxx.X00Xxxxxxxx.xx.xxx. OR WARNING: Consuming this product can expose you to chemicals including Lead, which is 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.
Injunctive Relief Warnings. 2.1 Commencing sixty (60) days after a final adjudication finding the Covered Products are in violation of California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 and 25607.1-25607.2, National Food shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products without affixing the below On-Product Warning on the Covered Product in compliance with Proposition 65. The On-Product Warning shall not be required to be affixed to the Covered Products upon execution of this Agreement and/or if the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 and 25607.1- 25607.2(see also: “xxx.X00Xxxxxxxx.xx.xxx.”) or are within safe harbor levels applicable to a reasonable consumer, defined as a consumer consuming the Covered Product less than once per day. Covered Products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled. The On-Product Warnings shall state: WARNING: Birth Defects and Reproductive harm xxx.X00Xxxxxxxx.xx.xxx. WARNING: Consuming this product can expose you to chemicals including Cadmium which is known to the State of California to cause birth defects and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx OR ///
Injunctive Relief Warnings. 2.1 Commencing sixty (60) days after the Execution Date, Petmate shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”). Covered Products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled.
Injunctive Relief Warnings. 2.1 Commencing sixty (60) days after the Execution Date, Xxxxxxx shall not sell, offer for sale, ship for sale or otherwise directly or indirectly distribute in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”) or are within safe harbor levels, which include No Significant Risk Levels (NSRLs) and Maximum Allowable Dose Levels (MADLs) as established under Proposition 65. Covered Products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled.
Injunctive Relief Warnings. 2.1 Commencing thirty (30) days after the Execution Date, Nutrakey shall not sell, offer for sale, ship for sale or otherwise distribute or allow to be distributed in California any Covered Products, unless the sales and distribution of the Covered Products are in full compliance with California Code of Regulations, Title 27, Article 6, Clear and Reasonable Warning Requirements § 25601-25603 (see also: “xxx.X00Xxxxxxxx.xx.xxx.”). Covered Products that were manufactured, packed, or labeled prior to the Execution Date shall be permitted to be sold as previously manufactured, packed or labeled.
Injunctive Relief Warnings. No later than six (6) months after the Effective Date, Burlington may, in its sole discretion, either cease selling, offering for sale or distributing the Products in California, or may manufacture, import, or otherwise source for authorized sale in California only Products labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.1 below. Products that were manufactured, supplied or contracted to be supplied to third parties by Burlington prior to 6 months after the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled.
Injunctive Relief Warnings. No later than six (6) months after the Effective Date, DSD may, in its sole discretion, either cease selling, offering for sale or distributing the Products in California, or may manufacture, import, or otherwise source for authorized sale in California only Products labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.1 below. Products that were manufactured, supplied or contracted to be supplied to third parties by DSD prior to 6 months after the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled.
Injunctive Relief Warnings. Within 12 months following the full execution of the Agreement, Smart & Final may, in its sole discretion, either cease selling, offering for sale or distributing the Products in California, or may manufacture, import, or otherwise source for authorized sale in California only Products labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.1 below. However, notwithstanding anything to the contrary herein, Products supplied or contracted to be supplied to third parties by Smart & Final, or supplied and contracted to be supplied to Smart & Final by third parties, at any time before 12 months elapse after full execution of this Agreement, shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled.`
Injunctive Relief Warnings
