Warning Option. Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to Products that are manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by Empire in the State of California. No Proposition 65 warning shall be required for any Products that are supplied or contracted to be supplied to third parties by Empire prior to 6 months after the Effective Date, and all such Products are hereby deemed to be exempt from Proposition 65 enforcement.
Warning Option. Covered Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning shall only be required as to Covered Products that are sold or shipped out to consumers, retailers, or distributors after the Effective Date. No Proposition 65 warning for DEHP shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
Warning Option. Products that do not meet the Reformulation Standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to Products that are manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by Daesang in the State of California.
Warning Option. Covered Product that does not meet the warning exemption standard set forth in Section 2.2 above shall be accompanied by a warning as described below. This warning option shall only be required as to Covered Product that is manufactured, distributed, marketed, imported, sold, shipped for sale, or offered for sale to consumers by Cibo Vita in the State of California. No Proposition 65 warning shall be required for any Covered Product that enters the stream of commerce prior to six (6) months after the Complaince Date, and all such Covered Product is hereby deemed to be exempt from Proposition 65 enforcement. Where required to meet the criteria set forth in Section 2.3, Cibo Vita shall display one of the following warning statements on the packaging label of the Covered Product that does not meet the warning exemptions set forth in Sections 2.2 and 2.3:
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. OR
2) WARNING: [Cancer and] Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx/xxxx. This warning statement shall be displayed on the Covered Product in a manner that shall conform with California rules, regulations, and law. Cibo Vita shall use “cancer and” in the warning if consumption of the Covered Product results in an exposure that exceeds the No Significant Risk Level (“NSRL”) of 15 micrograms per day (or, if this number is revised, the new NSRL). At its sole discretion, Cibo Vita may include the names of additional chemicals in the warning if they are present in the Covered Product at a level that Cibo Vita reasonably believes would require a Proposition 65 warning. The requirements for warnings set forth above are imposed pursuant to the terms of this Settlement and Release Agreement. The Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. Cibo Vita shall be deemed to be in compliance with the warning requirements of this Settlement and Release Agreement by either adhering to this Section 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. If Proposition 65 warnings for lead should no longer be required, Cibo Vita shall have no further obligation...
Warning Option. Covered Products that do not meet the warning exemption standard set forth in Paragraph 2.1 of this Settlement Agreement shall be accompanied by a warning as described in Paragraph 2.3 of this Settlement Agreement. This warning shall only be required as to Covered Products that are sold or shipped out to consumers, retailers, or distributors after the Effective Date. No Proposition 65 warning for DEHP shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
Warning Option. Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to Products that are manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by PanaPesca in the State of California. No Proposition 65 warning shall be required for any Products that are supplied or contracted to be supplied to third parties by PanaPesca prior to 6 months after the Effective Date, and all such Products are hereby deemed to be exempt from Proposition 65 enforcement.
Warning Option. The sale of any Covered Products that do not meet the Reformulation Standard set forth in Section 2.1 above, shall be accompanied by a warning as described in Section 2.3 below. This warning shall only be required as to Covered Products that are sold or shipped out to consumers, retailers, distributors or any Downstream Parties after the Warning Date. No Proposition 65 warning for DEHP shall be required as to any Covered Products prior to the Warning Date.
Warning Option. After November 15, 2015, as an alternative to meeting the Lead Limits of Section 3.2, Xxxxxx-Xxxxx may purchase, import, Manufacture or sell a Covered Product that will be sold or offered for sale to California consumers provided that such Covered Product has a Clear and Reasonable Warning that complies with the provisions of this Section 3.3. A Clear and Reasonable Warning may only be provided for Covered Products that Xxxxxx-Xxxxx reasonably believes do not meet the Lead Limits. Notwithstanding this Section 3.3, Xxxxxx-Xxxxx shall utilize good faith efforts to achieve reformulation of the Covered Products to reduce the Lead levels so that all Covered Products meet the Lead Limits as soon as possible.
Warning Option. Any Product that does not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to any Product that is manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by Bright in the State of California. No Proposition 65 warning shall be required for any Product that is supplied or contracted to be supplied to third parties by Bright if the Product was supplied prior to 90 days after the Compliance Date, and all such Products are hereby deemed to be exempt from Proposition 65 enforcement.
Warning Option. Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to Products that are manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by Blue Chip in the State of California. No Proposition 65 warning shall be required for any Products that are supplied or contracted to be supplied to third parties by Blue Chip prior to 6 months after the Effective Date, and all such Products are hereby deemed to be exempt from Proposition 65 enforcement.
