Warning Language. (a) Where required to meet the criteria set forth in Section 2.2, Empire shall display one of the following warning statements on the packaging label of the Products that do not meet the warning exemption standard set forth in Section 2.1 above:
(1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] 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/xxxx
(2) WARNING: [Cancer and] Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx/xxxx Empire may use “cancer and” in the warning at its option. Empire may include the names of additional chemicals in the warning if they are present in the Products at a level that Empire reasonably believes would require a Proposition 65 warning.
(b) The requirements for warnings, set forth in subsection (a) above, are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Empire shall be deemed to be in compliance with the warning requirements of this Settlement Agreement by either adhering to this Section 2.3 or by complying with the Proposition 65 warning requirements adopted by the State of California Office of Environmental Health Hazard Assessment (“OEHHA”) as of or after the Effective Date.
(c) If Proposition 65 warnings for Lead should no longer be required, Empire shall have no further obligations pursuant to this Settlement Agreement.
Warning Language. Where required, VS shall provide Proposition 65 warnings as follows:
(a) VS may use any of the following warning statements in full compliance with this Section:
Warning Language. Where required, Xxxxxxxx shall provide Proposition 65 warnings on the Product’s label as follows:
(a) Xxxxxxxx may use either of the following warning statements in full compliance with this Section:
Warning Language. Where required, Harbor Freight shall provide Proposition 65 warnings on the Product’s label as follows:
(a) Harbor Freight may use either of the following warning statements in full compliance with this Section, and such warning statement, whichever elected, shall constitute compliance with Proposition 65 with respect to the chemical in the Products:
Warning Language. Where required, Best shall provide Proposition 65 warnings as follows:
(a) Best may use any of the following warning statements in full compliance with this Section:
Warning Language. The warnings shall be provided in such a conspicuous and prominent manner that will ensure the message is made available and likely to be read, seen, or heard by the consumer prior to, or at the time of, the sale or purchase. Where required, Ahava shall have an option to provide the following Proposition 65 warnings: WARNING: This product can expose you to [chemicals including] Di (2-ethylhexyl) phthalate (DINP), which is 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.
Warning Language. Where required, Coastline shall provide Proposition 65 warnings on the Product’s label as follows:
(a) Coastline may use either of the following warning statements in full compliance with this Section:
(1) WARNING: Consuming this product can expose you to chemicals including Lead, which [is] 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.
(2) WARNING: Cancer and Reproductive Harm-- xxx.X00Xxxxxxxx.xx.xxx.
(b) The requirements for warnings, set forth in subsection (a) above are imposed pursuant to the terms of this Settlement Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations.
(c) If Proposition 65 warnings for Lead should no longer be required, Coastline shall have no further obligations pursuant to this Settlement Agreement.
Warning Language. Any warnings provided pursuant to this Section 2 shall be provided in such a conspicuous and prominent manner that will ensure the message is made available and likely to be read, seen, or heard by the consumer prior to, or at the time of, the sale or purchase. Where required, XX must provide any one of the following Proposition 65 warnings: WARNING: This product can expose you to Di(2-ethylhexyl) phthalate (DEHP), which is known to the State of California to cause cancer, developmental and reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx. WARNING: Developmental and Reproductive Harm xxx.X00Xxxxxxxx.xx.xxx This shall constitute compliance with Proposition 65 with respect to the chemical in the Subject Product. The provisions of Section 2 shall not apply to any of the Subject Product that are already in the stream of commerce or existing inventory. Where a warning label is used for a Subject Product which exceeds 0.1% of DEHP, includes consumer information as defined by California Code of Regulations title 27 §25600.1(c) in a language other than English, the warning must also be provided in that language in addition to English. Should CJ sell or distribute any Subject Products that exceeds 0.1% of DEHP through the internet the warning will be posted in the manner provided for with respect to internet sales, as provided for in 27 CCR sections 25601 and 25602, or as either section may be subsequently amended.
Warning Language. Any warnings provided pursuant to this Section 2 shall be provided in such a conspicuous and prominent manner that will ensure the message is made available and likely to be read, seen, or heard by the consumer prior to, or at the time of, the sale or purchase. Where required, LNS shall have an option to provide any one of the following Proposition 65 warnings: WARNING: This product can expose you to Lead, which is 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. WARNING: Cancer and Reproductive Harm xxx.X00Xxxxxxxx.xx.xxx This shall constitute compliance with Proposition 65 with respect to the chemical in the Subject Product.
Warning Language. Commencing on the Warning Date, Creative shall ensure that all unreformulated Covered Products that it ships to any Downstream Party for sale in California include a clear and reasonable warning within the meaning of Proposition 65. The warning shall be affixed to the packaging or labeling using language similar to the warnings below: WARNING: This product can expose you to chemicals including Di-(2-ethylhexyl) phthalate, 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 [California Proposition 65] WARNING: Cancer and Reproductive Harm - xxx.X00Xxxxxxxx.xx.xxx. The warning shall be prominently displayed with such conspicuousness as 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user is reasonably likely to understand it, so as to minimize the risk of consumer confusion. In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting warning text and/or methods of transmission different than those set forth above, Creative shall be entitled to use, at its discretion, such other warning text and/or methods of transmission without being deemed in breach of this Agreement
