Clear and Reasonable Warnings Clause Samples
The Clear and Reasonable Warnings clause requires that parties provide explicit and understandable warnings about potential risks or hazards associated with a product, service, or activity. In practice, this means that warnings must be presented in a manner that is easily noticeable and comprehensible to the average person, often specifying the nature of the risk and how to avoid harm. This clause serves to protect users or consumers by ensuring they are adequately informed, thereby reducing liability for the provider and promoting safety and transparency.
Clear and Reasonable Warnings. Commencing on or before December 31, 2022 (the compliance date), the Settling Entity shall provide clear and reasonable warnings for all units of the Products offered for sale to California consumers or its customers. Each warning shall be prominently placed 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 of purchase or use.
Clear and Reasonable Warnings. Commencing on or before the Effective Date, Encased shall provide clear and reasonable warnings for all Products provided for sale to customers in California in accordance with this Section 2.3, pursuant to Title 27 California Code of Regulations § 25600, et seq. Each warning shall be prominently placed with such conspicuousness when compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use and shall be provided in a manner such that it is clearly associated with the specific Product to which the warning applies.
Clear and Reasonable Warnings. If ▇▇▇▇▇▇ is required to provide a warning pursuant to Section 2.1, one of the following warnings must be utilized ("Warning"):
Option 1: WARNING: Consuming 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ Option 2: WARNING: [Cancer and] Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ ▇▇▇▇▇▇ shall use the phrase “cancer and” in the Warning if the “Daily Lead Exposure Level” is greater than 15 micrograms of lead. The Warning shall be securely affixed to or printed upon the label of each Covered Product and it must be set off from other surrounding information. In addition, for any Covered Product sold over the internet, the Warning shall appear on the checkout page in full text or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchase of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warning. The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label and the word "WARNING" shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the Warning on the average lay person shall accompany the Warning. Further, no statements may accompany the Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. For the Option 2 Warning, a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline shall be placed to the left of the text of the Warning, in a size no smaller than the height of the word ''WARNING." If consumer information on the package is in a foreign language, the warning must also be provided in the foreign language. ▇▇▇▇▇▇ must display the above Warning with such conspicuousness, as compared with other words, statements or designs on the label, or on its website, if applicable, to render the Warning likely to be read and understood by an ordin...
Clear and Reasonable Warnings. 2.2.1 For any Products that are not Reformulated Products, such Products shall be accompanied by a clear and reasonable warning. Daiso shall provide a warning substantially similar to the following warning statement:
Clear and Reasonable Warnings. Commencing on the Effective Date and continuing thereafter, for any Products sold or distributed for sale in California by WirthCo that are not Reformulated Products, WirthCo agrees to sell or only offer such Products for sale with a clear and reasonable warning in accordance with this Section or title 27, California Code of Regulations section 25601, et seq. WirthCo further agrees that any warning used will be prominently placed in relation to the Product 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 purchase or use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products satisfying the above criteria that is affixed directly to a Product or its accompanying labeling or packaging containing the following statement shall be deemed clear and reasonable: WARNING: This product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP) [optional identification of additional chemical(s) in product], which is [are] known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ or the following “short-form” warning: WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov1 1 This short-form warning may be used only on the Product, Product label (as defined in 27 Cal. Code Regs. § 25600.1(i), or as part of an internet warning, and must be in a type size no smaller than the largest type size used for consumer information (as defined in section 25600.1(c)) on the Product or Product label, If WirthCo sells Products via an internet website to customers located in California, the warning requirements of this section shall be satisfied if the foregoing warning appears either: (a) on the same page on which a Product is displayed and/or described; (b) in a clearly marked hyperlink using the word “WARNING” on the Product display page; (c) on the same page as the price for the Product; or (d) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to or immediately following the display, description, price, or checkout listing of the Product, provided that the warning statement appears elsewhere on the same web page in a manner tha...
Clear and Reasonable Warnings. As of the Effective Date, and to the extent that HONG SAR is required to provide a warning, HONG SAR agrees to provide a clear and reasonable warning on the Covered Products in compliance with the requirements of Proposition 65. This requirement shall only be required for Covered Products that are manufactured, distributed, marketed, imported, sold, shipped for sale, or offered for sale to consumers by HONG SAR in the State of California. The injunctive requirements of this Section 2 shall not apply to any Covered Products that are already in the stream of commerce as of the Effective Date, which Covered Products are expressly subject to the releases provided in Section 4 of this Settlement Agreement and shall be permitted to be sold through as previously manufactured, packaged and/or labeled.
Clear and Reasonable Warnings. Within 30 days of the Effective Date, and continuing thereafter, Dynacraft shall provide clear and reasonable health hazard warnings, in accordance with this Section and pursuant to California Health & Safety Code § 25249.5 et seq. and title 27 California Code of Regulations (“Cal. Code Regs.”) § 25600 et seq, as may be amended from time to time, for all Products Dynacraft manufactures, imports, distributes, sells, or offers for sale, in or into California, that do not meet the Reformulation Standard. Each warning shall be prominently placed 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 prior to purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Agreement, the following warnings shall be deemed clear and reasonable:
Clear and Reasonable Warnings. If Promix is required to provide a warning pursuant to Section 2.1, one of the following warnings must be utilized ("Warning").
Option 1: WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause [cancer and], birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. Option 2: WARNING: [Cancer and] Reproductive Harm ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/food Promix shall use the phrase "cancer and" in the Warning if the exposure level is greater than 15 micrograms of lead per day. The Warning shall be securely affixed to or printed upon the label of each Covered Product and it must be set off from other surrounding information. For purposes of this Settlement Agreement, the term "label" means a display of written, printed or graphic material that is printed on or affixed to a Covered Product or its immediate container or wrapper. The warning must be set off from other surrounding information, enclosed in a box. If consumer information on the package is in a foreign language, the warning must also be provided in the foreign language. In addition, for any Covered Product sold over the internet, the Warning shall appear on the checkout page in full text or through a clearly marked hyperlink using the word "WARNING" in all capital and bold letters when a California delivery address is indicated for any purchase of any Covered Product. If a hyperlink is used, the hyperlink must go directly to a page prominently displaying either the Option 1 Warning or the Option 2 Warning without content that detracts from the Warning. An asterisk or other identifying method must be utilized to identify which products on the checkout page are subject to the Warning. The Warning shall comply with the Safe Harbor Provisions, applicable to the Covered Product and chemical at issue, as those regulations may be amended from time to time.
Clear and Reasonable Warnings. As of the Effective Date, all Products Big Lots sells and/or distributes for sale in California that do not qualify as Reformulated Products shall bear a clear and reasonable warning pursuant to this Section. Big Lots further agrees that the warning 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. A warning affixed directly to the product or product packaging, label or tag, for Products sold in California that contains one of the following statements shall constitute a clear and reasonable warning for purposes of this Settlement Agreement: WARNING: Reproductive Harm- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause birth defects and other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The above warning statements shall also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING.”
Clear and Reasonable Warnings. As of the Effective Date and to the extent that MYRTLE is required to provide a warning, MYRTLE agrees to provide a clear and reasonable warning on the Covered Product in compliance with the requirements of Proposition 65. This requirement shall only be required for Covered Product that is manufactured, distributed, marketed, imported, sold, shipped for sale, or offered for sale to consumers by MYRTLE in the State of California. The injunctive requirements of this Section shall not apply to any Covered Product that is already in the stream of commerce as of the Effective Date, which Covered Product is expressly subject to the releases provided in Section 4 of this Settlement Agreement and shall be permitted to be sold through as previously manufactured, packaged, and/or labeled.