Common use of INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION Clause in Contracts

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. 2.1 Beginning one-hundred and twenty (120) days after five months from the Effective Date (the “Compliance Date”), Mindful PastryBase shall be permanently enjoined prohibited from manufacturing for sale in the State of California, "Distributing into the State of distributing for sale in California," , or directly selling in the State of California, any Covered Product that exposes a person to a “Daily Lead Cadmium Exposure Level” of more than 0.5 4.1 micrograms of lead cadmium per day (mcg Pb/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 PastryBase 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 PastryBase prior to the Compliance Date Date, and all claims as to such Covered Product are released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Cadmium Exposure Level" shall be measured in micrograms, micrograms and shall be calculated using the following formula: micrograms of lead cadmium 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 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. 2.1 Beginning one-hundred and twenty (120) days after the from Effective Date (the “Compliance Date”), Mindful Tia Xxxxxx 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 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 Mindful Xxx Xxxxxx 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 possession, and is no longer under the control of Mindful or its co-packer Tia Xxxxxx prior to the Compliance Date and all claims as to such Covered Product are 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 as stated (using the largest serving size appearing on the product label), multiplied by servings of the product per day stated (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 one-hundred and twenty (120) 180 days after the Effective Date (the “Compliance Date”), Mindful DITK 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 expose a person to a “Daily Lead Cadmium Exposure Level” of more than 0.5 4.1 micrograms of lead 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 a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful DITK 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 possession, and is no longer under the control of Mindful or its co-packer DITK prior to the Compliance Effective Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Cadmium Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead cadmium 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 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. 2.1 Beginning one-hundred and twenty fifty (120150) days after the Effective Date (the “Compliance Date”), Mindful FWF 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 FWF 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 FWF 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. 2.1 Beginning one-hundred and twenty (120) 90 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 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 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 possession, and is no longer under the control of Mindful or its co-packer prior to the Compliance Effective Date and all claims as to such Covered Product are 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 as stated (using the largest serving size appearing on the product label), multiplied by servings of the product per day stated (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 one-hundred and twenty (120) days after As of the Effective Date (the Date, SEMPIO shall not “Compliance Date”), Mindful shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing distribute into the State of California," ” or directly selling sell in the State of California, California any Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5 4.1 micrograms of lead cadmium per dayday based on the recommended serving size on the Covered Product’s label, unless it meets the Covered Product bears a warning meeting the warning requirements under Section 2.1 & 2.2. As used in this Settlement Agreement, For 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 purpose of this Settlement Agreement, "Daily Lead Exposure Level" exposure level shall be measured in micrograms, 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. Any testing of the Covered Product’s exposure level shall be undertaken by a laboratory accredited by the State of California, a federal agency, or a nationally recognized accrediting organization. As used in this Settlement Agreement, the term “distribute into the State of California” shall mean to directly ship the Covered Product into California for sale in California or to sell the Covered Product to a distributor that SEMPIO knows will sell the Covered Product in California. The term “distribute into the State of California” does not encompass unauthorized sales of the Covered Product by third parties.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty (120) days after on the Effective Date (the “Compliance Date”), Mindful Akua 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 or to a "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 a Covered Product into California for sale in California to a consumer or to sell a Covered Product to a distributor that Mindful Akua 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 possession, and is no longer under the control of Mindful or its co-packer Akua prior to the Compliance Effective Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Lead Exposure Level" and the “Daily Cadmium Exposure Level” shall be measured in micrograms, and 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 as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of lead or 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. 2.1 Beginning one-hundred and twenty four (1204) days months after the Effective Date (the “Compliance Date”), Mindful VitaHustle shall be permanently enjoined from manufacturing cease offering 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 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 Mindful VitaHustle 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 possession, and is no longer under the control of Mindful or its co-packer VitaHustle prior to the Compliance Effective Date and all claims as to such Covered Product are is 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. 2.1 Beginning one-hundred and twenty (120) days after on the Effective Date (the “Compliance Date”), Mindful Xxxxx 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 expose a person to a “Daily Lead Cadmium Exposure Level” of more than 0.5 4.1 micrograms of lead 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 a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful Xxxxx 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 possession, and is no longer under the control of Mindful or its co-packer Xxxxx prior to the Compliance Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Cadmium Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead cadmium 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 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. 2.1 Beginning one-hundred and twenty (120) 120 days after the Effective Date (the “Compliance Date”), Mindful Xxx Xxxx 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 expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day, or a level permissible by Proposition 65 regulation in effect on or after the Effective Date, 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 Xxx 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 possession, and is no longer under the control of Mindful or its co-packer Xxx Xxxx prior to the Compliance Date and all claims as to such Covered Product are is 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.