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.
Appears in 1 contract
Samples: Settlement Agreement
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one hundred twenty (120) days after on the Effective Date “Compliance Date”, Asha Yolele 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 Yolele 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 control, of Asha Yolele prior to the Compliance Effective Date and all claims as to such Covered Product is are 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 as stated on the product label), multiplied by servings of the product per day (using the largest number of recommended daily servings appearing 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.
Appears in 1 contract
Samples: Settlement Agreement
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one hundred twenty (120) ninety days after the Effective Date “Compliance Date”, Asha Forever Green shall be permanently enjoined prohibited 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 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 Xxxx Forever Green 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 or is no longer under the control control, of Asha Forever Green prior to the Compliance Date Effective 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.
Appears in 1 contract
Samples: Settlement Agreement
INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. Beginning one hundred twenty thirty (12030) days after the Effective Date (the “Compliance Date”), Asha ALDI 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 exceeds the Proposition 65 "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 ALDI 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 or possession of Asha ALDI prior to the Compliance Effective 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.
Appears in 1 contract
Samples: Settlement Agreement