Common use of Mail Order Catalog Warning Clause in Contracts

Mail Order Catalog Warning. Any warning provided in a mail order catalog shall be in the same type size or larger than the product description text within the catalog. The following warning shall be provided on the same page and in the same location as the display and/or description of the Non-Reformulated Product: WARNING: This product contains DEHP, a phthalate chemical known to the State of California to cause birth defects and other reproductive harm. Where it is impracticable to provide the warning on the same page and in the same location as the display and/or description of the Non-Reformulated Product, AP LLC may utilize a designated symbol to cross reference the applicable warning and shall define the term “designated symbol” with the following language on the inside of the front cover of the catalog or on the same page as any order form for the Non-Reformulated Product(s): WARNING: Certain products identified with this symbol ▼ and offered for sale in this catalog contain DEHP, a phthalate chemical known to the State of California to cause birth defects and other reproductive harm. 1For purposes of the Settlement Agreement, “sold in proximity” shall mean that the Product and another similar product are offered for sale close enough to each other that the consumer, under customary conditions of purchase, could not reasonably determine which of the two products is subject to the warning sign. The designated symbol must appear on the same page and in close proximity to the display and/or description of the Non-Reformulated Product. On each page where the designated symbol appears, Apothecary must provide a header or footer directing the consumer to the warning language and definition of the designated symbol.

Mail Order Catalog Warning. Any warning provided in a mail order catalog shall be in the same type size or larger than the product Product description text within the catalog. The following warning shall be provided on the same page and in the same location as the display and/or description of the Non-Reformulated Product: WARNING: This product contains DEHPlead, a phthalate chemical known to the State of California to cause birth defects and other reproductive harm. Where it is impracticable to provide the warning on the same page and in the same location as the display and/or description of the Non-Reformulated Product, AP LLC Homestead may utilize a designated symbol to cross reference the applicable warning and shall define the term “designated symbol” with the following language on the inside of the front cover of the catalog or on the same page as any order form for the Non-Reformulated Product(s): WARNING: Certain products identified with this symbol ▼ and offered for sale in this catalog contain DEHP, a phthalate chemical known to the State of California to cause birth defects and other reproductive harm. 1For purposes of the Settlement Agreement, “sold in proximity” shall mean that the Product and another similar product are offered for sale close enough to each other that the consumer, under customary conditions of purchase, could not reasonably determine which of the two products is subject to the warning sign. WARNING: Certain products identified with this symbol ▼ and offered for sale in this catalog contain lead, a chemical known to the State of California to cause birth defects and other reproductive harm. The designated symbol must appear on the same page and in close proximity to the display and/or description of the Non-Reformulated Product. On each page where the designated symbol appears, Apothecary Homestead must provide a header or footer directing the consumer to the warning language and definition of the designated symbol.