Labeling and Website Changes Sample Clauses

Labeling and Website Changes. 1. Without admitting wrongdoing or liability and solely to avoid the cost and disruption of further litigation, FoodState shall, for a period of thirty (30) months commencing 190 days after the Effective Date, and except as described herein, the labels of Covered Products, shall: (i) not use the phrase “100% Whole Food Supplement” to describe the Covered Products; (ii) not use the phrase “Made in the USA” for products that do not meet the appropriate legal standards for such term; (iii) not use the generic term “Vegetable Lubricant” in the additional ingredient list, but shall instead specify the specific name of the lubricant used, if any, in making the Covered Products; (iv) set forth a link to FoodState’s website for more information; and (v) use the terminology (or substantially similar variations of that terminology) in the Supplemental Fact Box of the Covered Products as illustrated on the exemplar label of the Covered Products attached as Exhibit F to describe, to the extent required to be described in the Supplemental Fact Box, the combination of vitamins, minerals, and other ingredients with whole foods found in the Covered Products. FoodState’s website presentations regarding Covered Products shall, to the extent reasonably commercially practicable, conform to Section IV Paragraph F.1(i-iii). The Named Plaintiffs and the Settlement Class Counsel have reviewed the exemplar label of the Covered Products attached as Exhibit F and have no objections thereto. Any provision of this Settlement Agreement notwithstanding, FoodState will not be prohibited from any of the following: referring to itself as “a whole food supplement maker”, “a whole food supplement manufacturer”, “a whole food supplement supplier” (or substantially equivalent phrases); stating that it participates in the whole food supplement category when discussing and/or marketing its products with and to Distributors, Retailers, and others involved in the industry (e.g., consumer insights data vendors like SPINS); referring to itself on its website(s) or other marketing materials as making whole food based supplements and as delivering vitamins and minerals with whole foods. 2. Any differences between the labeling and website presentation required by Section IV, Paragraph F.1 and past or current FoodState labeling (regardless of brand name) or any websites are not, and shall not be construed or interpreted as, an admission by FoodState regarding the claims in the Litigation or any alleged ...