Product Warnings. As of the Effective Date, all Products Evriholder sells and/or distributes for sale in California which do not qualify as Reformulated Products, and which have not already entered the stream of commerce, will bear a clear and reasonable warning pursuant to this Section. Provided, however, that there shall be no obligation for Evriholder to provide a Proposition 65 warning for Products that entered the stream of commerce prior to the Effective Date, for which a civil fine is assessed pursuant to section 3.1, below. Evriholder further agrees that the warning will be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products shall consist of a warning affixed directly to the product or product packaging, label, or tag, for Products sold in California and containing one of the following statements: WARNING: This product can expose you to chemicals, including DEHP, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx OR WARNING: Cancer and Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx
Appears in 2 contracts
Samples: Settlement Agreement, Settlement Agreement
Product Warnings. As of the Effective Date, all Products Evriholder distributes for sale, sells and/or distributes or offers for sale in California which California, that do not qualify as Reformulated ProductsProducts per Section 2.2, and which have not already entered the stream of commerce, will shall bear a clear and reasonable warning pursuant to this Section. Provided, however, that there shall be no obligation for Evriholder to provide a Proposition 65 warning for Products that entered the stream of commerce prior to the Effective Datedate, for which a as those Products have been included in the calculation of civil fine is assessed pursuant to section 3.1, belowpenalties. Evriholder further agrees that the The warning will be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products shall consist of a warning affixed directly to the product or product packaging, label, or tag, for Products sold in California and containing contain one of the following statements: WARNING: Cancer and Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx OR WARNING: This product can expose you to chemicals, chemicals including DEHPlead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx OR WARNING: Cancer and Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx.
Appears in 1 contract
Samples: Settlement Agreement
Product Warnings. As of the Effective Date, all Products Evriholder Xxxxxxxxx Rye sells and/or distributes for sale in California which that do not qualify as Reformulated Products, and which have not already entered the stream of commerce, will shall bear a clear and reasonable warning pursuant to this Section. Provided, however, that there shall be no obligation for Evriholder to provide a Proposition 65 warning for Products that entered the stream of commerce prior to the Effective Date, for which a civil fine is assessed pursuant to section 3.1, below. Evriholder Xxxxxxxxx Xxx further agrees that the warning will shall be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products shall consist of a warning affixed directly to the product or product packaging, label, or tag, for Products sold in California California, and containing contain one of the following statements: WARNING: [Cancer and] Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx OR WARNING: This product can expose you to chemicals, chemicals including DEHPlead, which are known to the State of California to cause [cancer and and] birth defects or and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx OR WARNING: Cancer xxx.X00Xxxxxxxx.xx.xxx. Templeton shall include the bracketed text if it has reason to believe that it is required to do so to comply with Proposition 65. For the Products and Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxxexposure described herein, Xxxxxxxxx may provide warnings pursuant to Proposition 65 safe harbor warning regulations promulgated by the Office of Environmental health Hazard Assessment after the date the parties sign this Settlement Agreement, without being deemed in breach of this Settlement Agreement.
Appears in 1 contract
Samples: Settlement Agreement