INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty (120) days after the Effective Date (the “Compliance Date”), Mindful shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing 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 Mindful knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession and is no longer under the control of Mindful or its co-packer prior to the Compliance Date and all claims as to such Covered Product are released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. As of the Effective Date, POP shall not “distribute into the State of California,” or directly sell in the State of California, any Covered Products that expose a person to more than 0.5 micrograms of lead per day based on the recommended serving size on the Covered Products’ label, unless the Covered Products bears a warning meeting the warning requirements under Section 2.1 & 2.2. For the purpose of this Settlement Agreement, exposure level shall be measured in micrograms and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of lead exposure per day. As used in this Settlement Agreement and Release, the term “Distribute into the State of California” shall mean to directly ship a Covered Products into California for sale in California or to sell a Covered Products to a distributor that POP knows will sell the Covered Products in California.
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning ninety (90) days after the Effective Date (the “Compliance Date”), Living Raw shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, Covered Product that exceeds the Proposition 65 "Daily Cadmium Exposure Level" of more than 4.1 micrograms of cadmium per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship Covered Product into California for sale in California or to sell Covered Product to a distributor that Living Raw knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to Covered Product packaged, distributed, shipped or sold before the Compliance Date and all claims as to such Covered Product is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Cadmium Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of 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 recommended daily servings appearing on the label), which equals micrograms of cadmium exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning one hundred twenty (120) days after the Effective Date “Compliance Date”, Asha shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that expose a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing 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 Xxxx knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession, and is no longer under the control of Asha prior to the Compliance Date and all claims as to such Covered Product is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead 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 recommended daily servings appearing on the label), which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning on the Compliance Date, if any Covered Product exposes a person to a Daily Lead Exposure Level of more than 0.5 micrograms of lead per day, Trader Xxx’s shall either (1) not "Distribute into the State of California," or directly sell in the State of California, any Covered Product or (2) only “Distribute into the State of California,” or directly sell in the State of California any Covered Product that meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distribute into the State of California" shall mean to directly ship a Covered Product into California for sale in California.
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning on the Effective Date, Birch Benders shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that expose a person to an exposure level of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing 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 Birch Benders knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession, and is no longer under the control of Birch Benders prior to the Effective Date and all claims as to such Covered Product is released in this Settlement Agreement.
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION
