Common use of General Warning Requirements Clause in Contracts

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”), which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on within ninety (90) days of the Compliance Effective Date, Miss A CBC agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A CBC agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ACBC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide Diethanolamine (“TiO2”DEA), which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer – Cancer- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second 3560775.2 warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A CBC where Covered Products are sold into California. In addition, Miss A CBC shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A CBC to provide a warning for Covered Products that are in Miss ACBC’s inventory or entered the stream of commerce prior to the Compliance Effective Date through ninety (90) days after the Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A CBC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or 4560775.2 legislation are enacted providing that Proposition 65 warnings as to TiO2 DEA in the Covered Products are no longer required, a lack of warning by Miss A CBC will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇ agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices 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 understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products of the Product sold or distributed in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process Obvi that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. ORObvi may, at its option, use the words “CA WARNING:” or “CALIFORNIA WARNING:” instead of the word “WARNING:”. 2) WARNING: Cancer – Risk of cancer and reproductive harm from exposure to lead. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. or ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. Obvi may, at its option, use the words “CA WARNING:” or “CALIFORNIA WARNING:” instead of the word “WARNING:”. The triangle above warning shall be yellow on offset in a box with black outline. For internet purchases, the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" or CA WARNING” or “CALIFORNIA WARNING” on the product Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If For Product that Obvi provides for a downstream entity to sell on the internet, Obvi shall include an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), instruction that the entity comply with the warning provided on the website may use the same content as the on- product warning. For purposes requirements of this section. Where a consumer product sign, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A label or shelf tag used to provide a warning for Covered Products that are includes consumer information in Miss A’s inventory or entered language(s) other than English, the stream of commerce prior warning must also be provided in the other language(s) in addition to the Compliance Date, and the Section 4 release applies to all such Covered ProductsEnglish. (i) Changes in Warning Regulations or Statutes In The Parties agree that Obvi shall be deemed to be in compliance with the event that Settlement Agreement by either adhering to §2 of this Settlement Agreement or by complying with warning regulations adopted by the State of California’s Office of Environmental Health Hazard Assessment (“OEHHA”) applicable to the Product and exposure at issue. In the event that the OEHHA promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A Obvi shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Settlement Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are Product is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Settlement Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A BCG agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A BCG agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each packaging label of the Covered Products sold in California by Miss ABCG, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.Reproductive Harm – (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A BCG shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the this Covered Products Product are no longer required, a lack of warning by Miss A BCG will not thereafter be a breach of this Agreement. BCG shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing Except as otherwise stated herein, commencing on the Compliance Date, Miss A Life Enhancing agrees any Covered Product sold distributed for sale in CA that was not reformulated exceeds the Daily Lead Exposure Level pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Life Enhancing agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ALife Enhancing, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead and lead compounds, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. (“Long-Form Warning”) OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. (“Short-Form Warning”) 3560775.2 This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a shortShort-form warning Form Warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Life Enhancing where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed for sale in CA by Life Enhancing or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A Life Enhancing to provide a warning for Covered Products distributed for sale in CA that are in Miss A’s inventory or exceed the Daily Lead Exposure Level that entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the Listed Chemical, which are different than those set forth above, Miss A Life Enhancing shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 the Listed Chemical in the Covered Products this product are no longer required, a lack of warning by Miss A Life Enhancing will not thereafter be a breach of this Agreement. Life Enhancing shall instruct any third-party website 4560775.2 which Life Enhancing knows distributes for sale in CA its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on As of the Compliance Date, Miss A agrees any and continuing thereafter, if and only if the Daily Lead Exposure Level in the Covered Product sold that was not reformulated pursuant is more than 0.5 micrograms as calculated according to paragraph 2.1 shall contain the calculation standard described herein, a clear and reasonable Proposition 65 warning, subject to Section 2.3 of this Agreementwarning as set forth below must be provided for the Covered Product that Sunwarrior sells in California. Miss A ▇▇▇▇▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of If Sunwarrior is required to provide a warning affixed pursuant to the packagingSection 2.1, label, tag, directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process that contains Sunwarrior shall provide one of the following warning statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above Sunwarrior shall be yellow on use the phrase "cancer and" in the warning statement; provided, however, statement if the triangle Daily Lead Exposure Level is greater than 15 micrograms of lead or if another Proposition 65 chemical is present which may require a cancer warning. The bolded and capitalized words “CALIFORNIA PROPOSITION 65,” “CA PROP. 65” or “PROPOSITION 65” may be printed in black and white instead of yellow if added prior to the Covered Product label or packaging does not contain the color yellow. word “WARNING.” This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered ProductsProducts packaging or label, or on a placard, shelf tag, or sign in compliance with Health & Safety Code § 25602(a)(2), provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to The same warning shall be posted on any websites under the extent exclusive control of Sunwarrior where Covered Products are sold onlineinto California. If Sunwarrior or its distributors, a retailers or resellers sell Covered Products via internet websites to customers located in California, the warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must this section shall also be provided by including either satisfied if the warning or a clearly marked hyperlink using is displayed online prior to the word “WARNING” purchase on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle with the clickable word “WARNING” in bold, black font, in the font size no less than the product description, and a link to the text of the full warning is provided pursuant to Cal. Code Regs. Tit. 27and the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ may appear on the product display page, § 25603(a), or by otherwise prominently displaying the warning provided to the purchaser prior to completing the purchase. The Proposition 65 warning for dietary supplements or food that may contain lead utilized by Amazon Seller Central for products sold on Amazon marketplace is sufficient to comply with the website may use the same content as the on- product warning. For purposes online warning obligations of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A Sunwarrior shall instruct any third-party website internet resellers to which it directly sells its a Covered Products Product for which a Proposition 65 Warning is required to include the same online warning, as set forth above, warning as a condition of selling the sale of such Covered Products Product in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as applies to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss A▇▇▇▇▇▇, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) : WARNING: This product can expose you to chemicals chemicals, including Titanium Dioxide Di(2-ethylhexyl)phthalate (“TiO2”DEHP), di-n-butyl phthalate (DBP), diisononyl phthalate (DINP), which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) ▇ or WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Proposition 65 Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ECC agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process ECC that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Acrylamide, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR. 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A ECC where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A or legislation is enacted by the California legislature, United States Congress or voters with such requirements or permission, ECC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 Acrylamide in the Covered Products this product are no longer required, a lack of warning by Miss A ECC will not thereafter be a breach of this Agreement. ECC shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A ▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇ agrees that 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 before of purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AVigo, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements:statements:1 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”), which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. “WARNING:” [or] “CA WARNING:” [or] OR 2) WARNING: Cancer – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”“WARNING:” [or] “CA WARNING:” [or] SHORT FORM 3) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.“WARNING:” [or] “CA WARNING:” [or] OR SHORT FORM OR (i) Changes in Warning Regulations or Statutes or Subsequent Appellate Decision In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Vigo shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If after the Effective Date a California Court of Appeal or the California Supreme Court holds that it is required or allowed under Proposition 65 to calculate food-based exposures using a different frequency than specified in Section 2.1 (i.e., other than a single recommended serving size per day), Vigo may use the Court-approved frequency for purposes of Section 2.1. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A ▇▇▇▇ will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A Empacadora San Marcos agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Empacadora San Marcos agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AEmpacadora San Marcos, or on provided via a placard, shelf tag, sign or electronic device or automatic process that contains or delivers one of the following statements: 1) [California] WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) [California] WARNING: Cancer and Reproductive Harm ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow/▇▇▇▇. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the WARNING purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Empacadora San Marcos where Covered Products are sold into California. In addition, Miss A Empacadora San Marcos shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A Empacadora San Marcos to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates or proposes one or more regulations requiring or permitting alternative Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, or states in writing that such alternative warning text and/or methods of transmission are permissible, which are different than those set forth above, Miss A Empacadora San Marcos shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. Such other warning text and/or methods of transmission include, but are not limited to, electronic devices or processes (e.g., QR codes) accessible on the packaging of each Covered Product that automatically provide the warning to the purchaser prior to or during the purchase of Covered Products sold in California by Empacadora San Marcos. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead and cadmium in the Covered Products this product are no longer required, a lack of warning by Miss A Empacadora San Marcos will not thereafter be a breach of this Agreement. Empacadora San Marcos shall instruct any third- party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on within one year from the Compliance Effective Date, Miss A ▇▇▇▇▇▇▇ agrees any Covered Product sold manufactured, distributed, or offered for sale in California that was is not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed (a) directly to the each Covered Product sold in California by ▇▇▇▇▇▇▇ or to its packaging, label, tag, directly to each Covered Products sold in California by Miss A, or tag or (b) on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Dioxide, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the Option 2 warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form an Option 2 warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A ▇▇▇▇▇▇▇ where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by ▇▇▇▇▇▇▇ or any of the Releasees after the Effective Date. There shall be no obligation for Miss A ▇▇▇▇▇▇▇ to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A ▇▇▇▇▇▇▇ shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations regulations, published California appellate opinion(s), or legislation are enacted or issued providing that Proposition 65 warnings as to TiO2 in the Covered Products this type of product are no longer required, a lack of warning by Miss A ▇▇▇▇▇▇▇ will not thereafter be a breach of this Agreement. ▇▇▇▇▇▇▇ shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇ agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices 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 understands to which specific Covered Products product the warning applies, applies so as to minimize the risk of consumer confusionconfusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process POP that contains one of the following warning statements: 1) : cancer, birth defects or other WARNING: This Consuming this product can expose you to chemicals chemicals, including Titanium Dioxide (“TiO2”), Lead which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) OR WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. /▇▇▇▇ The triangle above Warning shall be yellow on securely affixed to or printed upon the warning statement; providedlabel of each product, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be set off from other surrounding information and enclosed in a type size no smaller than the largest type size used for other consumer information on the productbox. In no case addition, the same warning shall a short-form warning statement displayed be posted on any website under the Covered Products’ packaging appear in a type size smaller than 6-point type. If exclusive control of POP, where the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a directly to consumers located in California. The warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(athis section shall be satisfied if the forgoing warning appears either (a) must be provided on the same web page on which Covered Products are displayed and/or described by including either the warning or providing a clearly marked hyperlink using the word “WARNING”; (b) on the product display pagesame page as the price for the Covered Products, or by otherwise prominently displaying the warning (c) on one or more web pages displayed to the a purchaser prior to completing purchase during the purchasecheckout process. 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 layperson 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. If an on-the consumer information in the product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a)in a foreign language, the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it also be in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Productsforeign language. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 in California shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”), which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, Miss A PBD agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A PBD agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss APBD, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Dioxide, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A PBD where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by PBD or any of the Releasees after the Effective Date. There shall be no obligation for Miss A PBD to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A PBD shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products this product are no longer required, a lack of warning by Miss A PBD will not thereafter be a breach of this Agreement. PBD shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A ▇▇▇▇’s agrees that any Covered Product sold in California that was does not reformulated pursuant to meet the standard in paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ALily’s, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle One of the above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement statements shall be prominently displayed on Covered Products that do not meet the Covered Productsstandards in paragraph 2.1, on the packing of the such Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information information,” as that term is defined Cal. Code Regs. tit. 27, § 25600.1, on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A ▇▇▇▇’s where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling lead that may be present in the Covered Products for any Covered Products in Californiaexisting inventory that does not meet the standards in paragraph 2.1 and were distributed and/or sold by ▇▇▇▇’s or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A ▇▇▇▇’s to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment Assessment, or a different lead agency designated in the future by the Governor to oversee or implement Proposition 65, promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A ▇▇▇▇’s shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, or if a court of competent jurisdiction finds that Proposition 65 warnings for exposures to lead in food products are no longer required or that a different standard than the one required by this Agreement applies, a lack of warning by Miss A ▇▇▇▇’s that is consistent with such revised regulations, legislation, or standard will not thereafter be a breach of this Agreement. Lily’s shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A Capital agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Capital agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ACapital, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING [or] CA WARNING [or] CALIFORNIA WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead and lead compounds, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) OR WARNING: Cancer – Risk of cancer and reproductive harm from exposure to Lead and lead compounds. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black 3560775.2 OR WARNING: Can expose you to Lead and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign languagelead compounds, a warning statement in that language is requiredcarcinogen and reproductive toxicant. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING,” “CA WARNING,” or “CALIFORNIA WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- on-product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Capital where Covered Products are sold into California. In addition, Miss A Capital shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. However, Capital does not assume any duty to monitor any third-party websites for compliance. There shall be no obligation for Miss A Capital to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Capital shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 Listed Chemical in the Covered Products are no longer required, a lack of warning by Miss A Capital will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A ▇▇▇▇ agrees any Covered Product sold that was is not reformulated pursuant to paragraph 2.1 that ▇▇▇▇ sells in California shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products Product sold in California by Miss A▇▇▇▇, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) [California Prop 65] WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Cadmium, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. ORor 2) [California Prop 65] WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing labeling of the Covered Products, on the packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to salesale or use. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information information” on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point typefont. If the Covered Products’ packaging labeling contains consumer information information” in a foreign language, a warning statement in that language is also required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Wang where Covered Products are sold into California. In addition▇▇▇▇ shall also post the warning, Miss A shall instruct any if it has the ability to do so, on the websites of third-party website to which internet sellers where it directly sells its Covered Products to include has knowledge the same online warning, as set forth above, as a condition of third party internet sellers are selling the Covered Products in California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any that have not been reformulated hereunder. There shall be no obligation for Miss A ▇▇▇▇ to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes . In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A ▇▇▇▇ shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 cadmium in the Covered Products are no longer required, a lack of warning by Miss A ▇▇▇▇ will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A NutraChamps agrees any Covered Product sold into California that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A NutraChamps agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ANutraChamps, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancer[cancer and] birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: [Cancer and] Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle above warning shall be yellow on include the warning statement; providedterms “Cancer and” if consumer exposure, howeverper section 2.1 above, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellowexceeds 15 ug/day. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A NutraChamps where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by NutraChamps or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A NutraChamps to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A NutraChamps shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation legislation, or judicial rulings are enacted or issued providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.. NutraChamps shall instruct any third-party website to which it sells its Covered Products to include the same warning..

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, Miss A Japonesque agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Japonesque agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AJaponesque, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Dioxide, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Japonesque where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Japonesque or any of the Releasees after the Effective Date. There shall be no obligation for Miss A Japonesque to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Japonesque shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products this product are no longer required, a lack of warning by Miss A Japonesque will not thereafter be a breach of this Agreement. Japonesque shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, Miss A ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process Wander that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Dioxide, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR. 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Wander where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A or legislation is enacted by the California legislature, United States Congress or voters with such requirements or permission, Wander shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products this product are no longer required, a lack of warning by Miss A Wander will not thereafter be a breach of this Agreement. Wander shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated If PYM is required to provide a warning pursuant to paragraph 2.1 shall contain a Proposition 65 warningSection 2.1, subject to Section 2.3 of this Agreement. Miss A ▇▇▇ agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, . designs, or devices 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 understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed be provided to the packaging, label, tag, directly to each Covered Products sold California consumers in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process manner that complies with 27 C.C.R. §25602(a) and which contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”), lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR/▇▇▇▇; 2) WARNING: Cancer – Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle above warning shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be offset in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies box with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into Californiablack outline. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling for the Covered Products in CaliforniaProduct sold over the Internet by PYM, PYM shall comply with 27 C.C.R. §25602(b). There For Product that PYM provides for a downstream entity to sell on the internet, PYM shall be no obligation for Miss A include an instruction that the entity comply with the warning requirements of this section. Where a consumer product sign, label or shelf tag used to provide a warning for Covered Products includes consumer information in language(s) other than English, the warning must also be provided in the other language(s) in addition to English. If CRC alleges that are in Miss Aany Product fails to adhere to this Settlement Agreement, then CRC shall inform PYM of its test results, including information sufficient to permit PYM to identify the Product at issue and investigate. PYM shall, within thirty (30) days following such notice, provide CRC with testing information demonstrating PYM’s inventory compliance with the Settlement Agreement, or entered proof that omission of the stream of commerce Warning was due to the Product being packaged, distributed, shipped or sold prior to the Compliance Date, and . The Parties shall first attempt to resolve the Section 4 release applies matter prior to all such Covered ProductsCRC taking any further legal action. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A PYM shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are Product is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on 30 days from the Compliance Effective Date, Miss A ITX agrees to cease sales of the Covered Products in the state of California. To the extent that ITX resumes sales of the Covered Products in California in the future, ITX agrees that any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ITX agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AITX , or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This “WARNING:” [or] “CA product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: :” [or] “CA WARNING:” [or] “CALIFORNIA WARNING:” Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 3) “WARNING:” [or] “CA WARNING:” [or] “CALIFORNIA WARNING:” Can expose you to lead, a carcinogen and reproductive toxin. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 4) WARNING: Cancer and reproductive harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. Lead, a carcinogen and reproductive toxin. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A ITX where Covered Products are sold into California. In addition, Miss A ITX shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A ITX to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A ITX shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A ITX will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Forever Green agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices 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 understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered of the Products sold or distributed in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process Forever Green that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. ORForever Green may, at its option, use the words “CA WARNING:” or “CALIFORNIA WARNING:” instead of the word “WARNING:”. 2) WARNING: Cancer – Risk of cancer and reproductive harm from exposure to lead. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. or WARNING: Can expose you to lead, a carcinogen and reproductive toxicant. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. Forever Green may, at its option, use the words “CA WARNING:” or “CALIFORNIA WARNING:” instead of the word “WARNING:”. The triangle above warning shall be yellow on offset in a box with black outline. For internet purchases, the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" or CA WARNING” or “CALIFORNIA WARNING” on the product Products display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If For Product that Forever Green provides for a downstream entity to sell on the internet, Forever Green shall include an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), instruction that the entity comply with the warning provided on the website may use the same content as the on- product warning. For purposes requirements of this section. Where a consumer product sign, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A label or shelf tag used to provide a warning for Covered Products that are includes consumer information in Miss A’s inventory or entered language(s) other than English, the stream of commerce prior warning must also be provided in the other language(s) in addition to the Compliance Date, and the Section 4 release applies to all such Covered ProductsEnglish. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A or legislation is enacted allowing such different warnings, Forever Green shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are Product is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any and continuing thereafter, if and only if the Daily Lead Exposure Level in the Covered Product sold that was not reformulated pursuant is more than 0.5 micrograms as calculated according to paragraph 2.1 shall contain the calculation standard described herein, a clear and reasonable Proposition 65 warning, subject to Section 2.3 of this Agreementwarning as set forth below must be provided for the Covered Product that Vitauthority sells in California. Miss A ▇▇▇▇▇▇▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of If Vitauthority is required to provide a warning affixed pursuant to the packagingSection 2.1, label, tag, directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process that contains Vitauthority shall provide one of the following warning statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancer[cancer and ]birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: [Cancer and ]Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. Vitauthority shall use the phrase "cancer and" in the warning statement if the Daily Lead Exposure Level is greater than 15 micrograms of lead or if another Proposition 65 chemical is present which may require a cancer warning. The triangle above shall be yellow on the warning statement; provided, however, the triangle bolded and capitalized words “CALIFORNIA PROPOSITION 65,” “CA PROP. 65” or “PROPOSITION 65” may be printed in black and white instead of yellow if added prior to the Covered Product label or packaging does not contain the color yellow. word “WARNING.” This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered ProductsProducts packaging or label, or on a placard, shelf tag, or sign or electronic device or automatic process in compliance with Health & Safety Code § 25602(a)(2), provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to The same warning shall be posted on any websites under the extent exclusive control of Vitauthority where Covered Products are sold onlineinto California. If Vitauthority or its distributors, a retailers or resellers sell Covered Products via internet websites to customers located in California, the warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must this section shall also be provided by including either satisfied if the warning or a clearly marked hyperlink using is displayed online prior to the word “WARNING” purchase on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle with the clickable word “WARNING” in bold, black font, in the font size no less than the product description, and a link to the text of the full warning is provided pursuant to Cal. Code Regs. Tit. 27and the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ may appear on the product display page, § 25603(a), or by otherwise prominently displaying the warning provided to the purchaser prior to completing the purchase. The Proposition 65 warning for dietary supplements or food that may contain lead utilized by Amazon Seller Central for products sold on Amazon marketplace is sufficient to comply with the website may use the same content as the on- product warning. For purposes online warning obligations of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A Vitauthority shall instruct any third-party website internet resellers to which it directly sells its a Covered Products Product for which a Proposition 65 Warning is required to include the same online warning, as set forth above, warning as a condition of selling sale of such Covered Product in California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Vitauthority or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A Vitauthority to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, Miss A Drum Workshop agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 in California shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Drum Workshop agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ADrum Workshop, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Drum Workshop where Covered Products are sold into California. In addition, Miss A Drum Workshop shall instruct advise any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, warning as a condition of selling the Covered Products. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Drum Workshop or any of the Releasees after the Effective Date. There shall be no obligation for Miss A Drum Workshop to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Drum Workshop shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A Drum Workshop will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing For any Covered Product intentionally containing octocrylene or benzophenone manufactured on or after the Compliance Date, Miss A PDC agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain add a Proposition 65 warningwarning for California sales, subject to Section 2.3 of this Agreement. Miss A agrees that each warning which 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss APDC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Benzophenone, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If The warning shall also comply with 27 C.C.R. § 25602 (d). Specifically, where the Covered Products’ packaging contains product sign, or label used to provide the warning includes consumer information in a foreign languagelanguage other than English, a the warning statement must also be provided in that language is requiredin addition to English. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A PDC where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its the Benzophenone in the Covered Products for any Covered Products in inventory that had not been reformulated and were distributed and/or sold by PDC or any of the Releasees after the Compliance Date. PDC PDC shall be deemed to include the same online warning, as set forth above, as a condition comply with its obligations under this Agreement if it discontinues sales of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory California on or entered the stream of commerce prior to before the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A PDC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 Benzophenone in the Covered Products this product are no longer required, a lack of warning by Miss A PDC will not thereafter be a breach of this Agreement. PDC shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A UCAN agrees that any Covered Product sold it sells in California that was is not reformulated pursuant to paragraph 2.1 a Reformulated Covered Product shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A UCAN agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products Product sold in California by Miss AUCAN, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) [California Prop 65] WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. ORor 2) [California Prop 65] WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow/▇▇▇▇. This warning statement shall be prominently displayed on the Covered Products, on the packing labeling of the Covered Products, on the packaging of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to saleuse. If the second warning statement is provided (displayed on the “short-form warning”) and product label it shall be placed in a box. If the warning statement is displayed on the Covered Products’ labeling or packaging, it must be in a type size no smaller than the largest type size used for other consumer information information” on the product. In no case shall a short-form warning statement displayed on the Covered Products’ labeling or packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging labeling contains consumer information information” in a foreign language, a warning statement in that language is also required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A UCAN where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that have not been reformulated and were distributed and/or sold by UCAN or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A UCAN to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes . In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A UCAN shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products are no longer required, a lack of warning by Miss A UCAN will not thereafter be a breach of this Agreement. UCAN shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products in California. UCAN shall post the warning on its own website and, if it has the ability to do so, on the websites of third-party internet sellers where it has actual knowledge the third-party internet sellers are selling the Covered Products in California.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A L-Nutra agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A L-Nutra agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AL-Nutra, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.Reproductive Harm – (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A L-Nutra shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A L-Nutra will not thereafter be a breach of this Agreement. L- Nutra shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, Miss A ▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AGlow, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Dioxide, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Glow where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Glow or any of the Releasees after the Effective Date. There shall be no obligation for Miss A Glow to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Glow shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products this product are no longer required, a lack of warning by Miss A Glow will not thereafter be a breach of this Agreement. Glow shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on As of the Compliance Date, Miss A agrees any and continuing thereafter, if and only if the Daily Lead Exposure Level in the Covered Product sold that was not reformulated pursuant is more than 0.5 micrograms as calculated according to paragraph 2.1 shall contain the calculation standard described herein, a clear and reasonable Proposition 65 warning, subject to Section 2.3 of this Agreementwarning as set forth below must be provided for the Covered Product that EVL sells in California. Miss A EVL agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of If EVL is required to provide a warning affixed pursuant to the packagingSection 2.1, label, tag, directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process that contains EVL shall provide one of the following warning statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above EVL shall be yellow on use the phrase "cancer and" in the warning statement; provided, however, statement if the triangle Daily Lead Exposure Level is greater than 15 micrograms of lead or if another Proposition 65 chemical is present which may require a cancer warning. The bolded and capitalized words “CALIFORNIA PROPOSITION 65,” “CA PROP. 65” or “PROPOSITION 65” may be printed in black and white instead of yellow if added prior to the Covered Product label or packaging does not contain the color yellow. word “WARNING.” This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered ProductsProducts packaging or label, or on a placard, shelf tag, or sign in compliance with Health & Safety Code § 25602(a)(2), provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to The same warning shall be posted on any websites under the extent exclusive control of EVL where Covered Products are sold onlineinto California. If EVL or its distributors, a retailers or resellers sell Covered Products via internet websites to customers located in California, the warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must this section shall also be provided by including either satisfied if the warning or a clearly marked hyperlink using is displayed online prior to the word “WARNING” purchase on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle with the clickable word “WARNING” in bold, black font, in the font size no less than the product description, and a link to the text of the full warning is provided pursuant to Cal. Code Regs. Tit. 27and the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ may appear on the product display page, § 25603(a), or by otherwise prominently displaying the warning provided to the purchaser prior to completing the purchase. The Proposition 65 warning for dietary supplements or food that may contain lead utilized by Amazon Seller Central for products sold on Amazon marketplace is sufficient to comply with the website may use the same content as the on- product warning. For purposes online warning obligations of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A EVL shall instruct any third-party website internet resellers to which it directly sells its a Covered Products Product for which a Proposition 65 Warning is required to include the same online warning, as set forth above, warning as a condition of selling the sale of such Covered Products Product in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on 30 days after the Compliance Effective Date, Miss A RM agrees any Covered Product sold (that was does not reformulated pursuant to paragraph 2.1 meet the Reformulation Standard) distributed for sale in California, shall contain a “clear and reasonable” Proposition 65 warning, subject to within the meaning of Section 2.3 25249.6 of this Agreementthe Act. Miss A ▇▇ agrees that 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 seen, 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 understands to which specific Covered Products the warning applies, and which listed chemical(s) is/are implicated, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products that do not meet the Reformulation Standard shall consist of a product-specific warning directly affixed to the packagingproduct’s label or tag; Specifically, labelpursuant to § 25603(a) – (d), tag, directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statementsstatements must be utilized: 1) WARNING: “WARNING:” [or] “CA WARNING:” [or] “CALIFORNIA WARNING:” This product can expose you to chemicals including Titanium Dioxide Diethanolamine (“TiO2DEA”), which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING:” [or] “CA WARNING:” [or] “CALIFORNIA WARNING:” Cancer risk from exposure to Diethanolamine (“DEA”). See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 3) “WARNING:” [or] “CA WARNING:” [or] “CALIFORNIA WARNING:” Can expose you to Diethanolamine (“DEA”), a carcinogen. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 4) WARNING: Cancer – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the short-form warningDEA) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language), a warning statement in that language is requiredcarcinogen. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products that do not meet the Reformulation Standard are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) 25603 must be provided by including either via of the following methods: (1) A warning or a on the product display page; (2) A clearly marked hyperlink using the word “WARNING” or the words “CA WARNING” or “CALIFORNIA WARNING” on the product display page, page that links to the warning; or by (3) An otherwise prominently displaying the displayed warning provided to the purchaser prior to completing the purchase. If an on-product a warning is provided using the short-form label content pursuant to Cal. Code Regs. Tit. 27, § 25603(aSection 25602(a)(4), the warning provided on the website may use the same content as the on- product warningcontent. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend For internet purchases made prior to any websites 1/1/28, a retail seller is not responsible under Section 25600.2(e)(4) for conspicuously posting or displaying the exclusive control of Miss A where Covered Products are sold into Californianew warning online until 60 calendar days after the retailer receives a warning or a written notice under Section 25600.2(b) and (c) which updates a short-form warning compliant with Section 25603(c) with content compliant with Section 25603(b). In addition, Miss A RM shall instruct any third-party website to which it directly sells its Covered Products that do not meet the Reformulation Standard to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There For the avoidance of doubt, there shall be no obligation for Miss A RM, or any third party seller, to provide a warning for and Reformulated Product or Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance 30 days after Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A RM shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 DEA in the Covered Products this product are no longer required, a lack of warning by Miss A RM will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A for any Covered Product that does not meet the Reformulation Standard in 2.1 ▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ALuchi, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Cadmium, which is are known to the State of California to cause cancerbirth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow/▇▇▇▇. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Luchi where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Luchi or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A Luchi to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Luchi shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations regulations, legislation, or legislation judicial rulings are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are product is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement. Luchi shall instruct any third-party website to which it sells its Covered Products to include the same warning.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any and continuing thereafter, if and only if the Daily Lead Exposure Level in the Covered Product sold that was not reformulated pursuant is more than 0.5 micrograms as calculated according to paragraph 2.1 shall contain the calculation standard described herein, a clear and reasonable Proposition 65 warning, subject to Section 2.3 of this Agreementwarning as set forth below must be provided for the Covered Product that ▇▇▇▇▇▇ ▇▇▇▇▇ in California. Miss A ▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of If ▇▇▇▇▇▇ is required to provide a warning affixed pursuant to the packagingSection 2.1, label, tag, directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process that contains ▇▇▇▇▇▇ shall provide one of the following warning statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancer[cancer and ]birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: [Cancer and ]Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. ▇▇▇▇▇▇ shall use the phrase "cancer and" in the warning statement if the Daily Lead Exposure Level is greater than 15 micrograms of lead or if another Proposition 65 chemical is present which may require a cancer warning. The triangle above shall be yellow on the warning statement; provided, however, the triangle bolded and capitalized words “CALIFORNIA PROPOSITION 65,” “CA PROP. 65” or “PROPOSITION 65” may be printed in black and white instead of yellow if added prior to the Covered Product label or packaging does not contain the color yellow. word “WARNING.” This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered ProductsProducts packaging or label, or on a placard, shelf tag, or sign or electronic device or automatic process in compliance with Health & Safety Code § 25602(a)(2), provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to saleunder customary conditions of purchase or use. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to The same warning shall be posted on any websites under the extent exclusive control of ▇▇▇▇▇▇ where Covered Products are sold onlineinto California. If Esther or its distributors, a retailers or resellers sell Covered Products via internet websites to customers located in California, the warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must this section shall also be provided by including either satisfied if the warning or a clearly marked hyperlink using is displayed online prior to the word “WARNING” purchase on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle with the clickable word “WARNING” in bold, black font, in the font size no less than the product description, and a link to the text of the full warning is provided pursuant to Cal. Code Regs. Tit. 27and the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ may appear on the product display page, § 25603(a), or by otherwise prominently displaying the warning provided to the purchaser prior to completing the purchase. The Proposition 65 warning for dietary supplements or food that may contain lead utilized by Amazon Seller Central for products sold on Amazon marketplace is sufficient to comply with the website may use the same content as the on- product warning. For purposes online warning obligations of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A ▇▇▇▇▇▇ shall instruct any third-party website internet resellers to which it directly sells its a Covered Products Product for which a Proposition 65 Warning is required to include the same online warning, as set forth above, warning as a condition of selling sale of such Covered Product in California. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by ▇▇▇▇▇▇ or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A ▇▇▇▇▇▇ to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products are no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A InGRAINed agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process inGRAINed that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)acrylamide, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR/▇▇▇▇. 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. /▇▇▇▇ This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A inGRAINed where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment or another authorized agency promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A or legislation is enacted by the California legislature, United States Congress, or voters with such requirements or permission, inGRAINed shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations regulations, legislation, or legislation are enacted providing judicial decisions provide that Proposition 65 warnings as to TiO2 acrylamide in the Covered Products this product are no longer required, a lack of warning by Miss A inGRAINed will not thereafter be a breach of this Agreement. InGRAINed shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A RC agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices 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 understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products of the Product sold or distributed in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process RC that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”), lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR/▇▇▇▇; 2) WARNING: Cancer – Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle above warning shall be yellow on offset in a box with black outline. For internet purchases, the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the product Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If For Product that RC provides for a downstream entity to sell on the internet, RC shall include an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), instruction that the entity comply with the warning provided on the website may use the same content as the on- product warning. For purposes requirements of this section. Where a consumer product sign, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A label or shelf tag used to provide a warning for Covered Products that are includes consumer information in Miss A’s inventory or entered language(s) other than English, the stream of commerce prior warning must also be provided in the other language(s) in addition to the Compliance Date, and the Section 4 release applies to all such Covered ProductsEnglish. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A RC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are Product is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A INW agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices 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 understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California unit of the Product subject to the warning obligations herein by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process INW that contains one of the following statements: 1) statement: WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer – /▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. ▇ INW may, at its option, use the words “CALIFORNIA,” “PROPOSITION 65,” “PROP 65” or “CA PROP 65” in front of the word “WARNING:” The triangle above warning shall be yellow on offset in a box with black outline. For internet purchases from INW’s proprietary website, for Products requiring a warning hereunder, the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the product Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant For Product that INW provides for a downstream entity to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided sell on the website may use internet, INW shall include an instruction that the same content as the on- product warning. For purposes of this sectionentity comply with Proposition 65 warning requirements applicable to that downstream entity, a warning but INW is not prominently displayed if the purchaser must search responsible hereunder for it in the general content any actions or omissions of the websitea third party downstream entity. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In additionWhere a consumer product sign, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A label or shelf tag used to provide a warning for Covered Products that are includes consumer information in Miss A’s inventory or entered language(s) other than English, the stream of commerce prior warning must also be provided in the other language(s) in addition to the Compliance Date, and the Section 4 release applies to all such Covered ProductsEnglish. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A INW shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Settlement Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are Product is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Settlement Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A ▇▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ABotanas, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) [CA] or [CALIFORNIA] WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”), lead which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) [CA] or [CALIFORNIA] WARNING: Cancer – Risk of cancer and reproductive harm from exposure to lead. See ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 3) [CA] or [CALIFORNIA] WARNING: Can expose you to lead, a carcinogen and reproductive toxicant. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellowSee ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. This warning statement shall be enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Botanas where Covered Products are sold into California. In addition, Miss A Such warning shall instruct constitute compliance with Proposition 65 with respect to any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling lead and cadmium that may be present in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Botanas or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A Botanas to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment Assessment, or a different lead agency designated in the future to oversee or implement Proposition 65, promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Botanas shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead and cadmium in the Covered Products this product are no longer required, or a court of competent jurisdiction finds that Proposition 65 warnings for exposures to lead and cadmium in food products are no longer required, a lack of warning by Miss A ▇▇▇▇▇▇▇ will not thereafter be a breach of this Agreement. Botanas shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A Zen Spirit, if and only if the Daily Lead Exposure Level iln the Covered Product is more than 0.5 micrograms, then Zen Spirit agrees that any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject warning if offered for sale to Section 2.3 of this AgreementCalifornia customers. Miss A Zen Spirit agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AZen Spirit, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow/▇▇▇▇. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to The same warning shall be posted on any websites under the extent exclusive control of Zen Spirit where Covered Products are sold onlineinto California. If Zen Spirit or its distributors, a retailers or resellers sell Covered Products via internet websites to customers located in California, the warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must this section shall also be provided by including either satisfied if the warning or a clearly marked hyperlink using is displayed online prior to the word “WARNING” purchase on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-Alternatively, a symbol consisting of a black exclamation point in a yellow or white equilateral triangle with the clickable word “WARNING” in bold, black font, in the font size no less than the product description, and a link to the text of the full warning is provided pursuant to Cal. Code Regs. Tit. 27and the website ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇ may appear on the product display page, § 25603(a), or by otherwise prominently displaying the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if to the purchaser must search for it prior to completing the purchase. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Zen Spirit or any of the Releasees after the Compliance Date. There shall be no obligation for Miss A Zen Spirit to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Zen Spirit shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, or in the event of federal pre-emption, a lack of warning by Miss A Zen Spirit will not thereafter be a breach of this Agreement. Zen Spirit shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on JZC has discotinued the Compliance DateCovered Product. To the extent the Covered Product is reintroduced onto the market, Miss A JZC agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A JZC agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss AJZC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) : WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Cadmium, which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-6- point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. Alternatively, the content and method of transmission may be provided in any form as authorized by Proposition 65 law or regulation effective on or after the Effective Date. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A JZC where Covered Products are sold into California. In addition, Miss A shall instruct any if JZC has actual knowledge a third-party website to which it directly sells its is offering Covered Products for sale in California, JZC shall instruct the website to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A JZC shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 cadmium in the Covered Products this product are no longer required, a lack of warning by Miss A JZC will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date as to Covered Products manufactured after the Compliance Date, Miss A Bellway agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Bellway agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ABellway, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow/▇▇▇▇. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a The same warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Bellway where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Bellway or any of the Releasees after the Effective Date. There shall be no obligation for Miss A Bellway to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Bellway shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A Bellway will not thereafter be a breach of this Agreement. Bellway shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on within ninety (90) days of the Compliance Effective Date, Miss A and continuing thereafter, ▇▇- ▇▇▇ ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 or distributed for sale in California, shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇-▇▇▇ ▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss A▇▇-▇▇▇ ▇▇▇▇▇▇, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)lead, which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR. 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead OR 3) In lieu of yellow if the Covered Product label Option 1 or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as Option 2 set forth above, as a condition of selling the Covered Products may be labeled with any safe harbor warning authorized by regulation applicable to the Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory effect on or entered after the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A ▇▇-▇▇▇ Stores shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A ▇▇-▇▇▇ Stores will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, Miss A Subtl agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Subtl agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ASubtl, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Dioxide, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A Subtl where Covered Products are sold into California. In addition, Miss A Such warning shall instruct any third-party website constitute compliance with Proposition 65 with respect to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling Listed Chemical in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by Subtl or any of the Releasees after the Effective Date. There shall be no obligation for Miss A Subtl to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Subtl shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products this product are no longer required, a lack of warning by Miss A Subtl will not thereafter be a breach of this Agreement. Subtl shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A ▇▇▇▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ACerebelly, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.Reproductive Harm – (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A Cerebelly shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A Cerebelly will not thereafter be a breach of this Agreement. Cerebelly shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, Miss A J&L agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A J&L agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process J&L that contains one of the following statements: 1) WARNING: This product can expose you to chemicals including Titanium Dioxide (“TiO2”)Dioxide, which is known to the State of California to cause cancer. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR. 2) WARNING: Cancer Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a The same warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must shall be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” posted on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A J&L where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A J&L shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in the Covered Products this product are no longer required, a lack of warning by Miss A J&L will not thereafter be a breach of this Agreement. J&L shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees For any Covered Product sold that was not reformulated Products requiring a warning pursuant to paragraph 2.1 shall contain a Proposition 65 warning2.1, subject to Section 2.3 of this Agreement. Miss A ▇▇▇▇▇▇ agrees that 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 before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, directly to each Covered Products sold in California by Miss ANuttZo, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) : WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”)Lead, which is are known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) OR WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. The triangle above shall be yellow on the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow/▇▇▇▇. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-6- point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A NuttZo where Covered Products are sold into California. In addition, Miss A NuttZo shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A NuttZo to provide a warning for Covered Products that are in Miss A’s inventory or entered the stream of commerce manufactured prior to the Compliance Date, and the Section 4 release applies to all such Covered Products. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2the chemical at issue, which are different than those set forth above, Miss A NuttZo shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 lead in the Covered Products this product are no longer required, a lack of warning by Miss A NuttZo will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A NPF agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices 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 understands to which specific Covered Products Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products of the Product sold or distributed in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process NPF that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”), lead which is known to the State of California to cause cancercancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR/▇▇▇▇; 2) WARNING: Cancer – Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle above warning shall be yellow on offset in a box with black outline. For internet purchases, the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must also be provided by including either the warning or a clearly marked hyperlink using the word “WARNING” on the product Product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If For Product that NPF provides for a downstream entity to sell on the internet, NPF shall include an on-product warning is provided pursuant to Cal. Code Regs. Tit. 27, § 25603(a), instruction that the entity comply with the warning provided on the website may use the same content as the on- product warning. For purposes requirements of this section. Where a consumer product sign, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A label or shelf tag used to provide a warning for Covered Products that are includes consumer information in Miss A’s inventory or entered language(s) other than English, the stream of commerce prior warning must also be provided in the other language(s) in addition to the Compliance Date, and the Section 4 release applies to all such Covered ProductsEnglish. (i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A NPF shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Settlement Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are Product is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Settlement Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, Miss A agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning, subject to Section 2.3 of this Agreement. Miss A Paradise agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices 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 understands to which specific Covered Products product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered of the Products sold or distributed in California by Miss A, or on a placard, shelf tag, sign or electronic device or automatic process Paradise that contains one of the following statements: 1) WARNING: This Consuming this product can expose you to chemicals including Titanium Dioxide (“TiO2”), lead which is known to the State of California to cause cancerbirth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. OR/▇▇▇▇; 2) WARNING: Cancer – Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The triangle above warning shall be yellow on offset in a box. For internet purchases, the warning statement; provided, however, the triangle may be printed in black and white instead of yellow if the Covered Product label or packaging does not contain the color yellow. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. If the second warning statement is provided (the “short-form warning”) and the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a short-form warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. If the Covered Products’ packaging contains consumer information in a foreign language, a warning statement in that language is required. As set forth in Cal. Code Regs. Tit. 27, § 25602(b), to the extent Covered Products are sold online, a warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the product Products’ display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If an on-Where a consumer product warning is provided pursuant to Cal. Code Regs. Tit. 27sign, § 25603(a), the warning provided on the website may use the same content as the on- product warning. For purposes of this section, a warning is not prominently displayed if the purchaser must search for it in the general content of the website. These requirements extend to any websites under the exclusive control of Miss A where Covered Products are sold into California. In addition, Miss A shall instruct any third-party website to which it directly sells its Covered Products to include the same online warning, as set forth above, as a condition of selling the Covered Products in California. There shall be no obligation for Miss A label or shelf tag used to provide a warning for Covered Products that are includes consumer information in Miss A’s inventory or entered language(s) other than English, the stream of commerce prior warning must also be provided in the other language(s) in addition to the Compliance Date, and the Section 4 release applies to all such Covered ProductsEnglish. (i) Changes in Warning Regulations or Statutes The Parties agree and intend for compliance with the terms of this Section 2 to constitute compliance with Proposition 65 with respect to exposures to lead from the Products. The requirements for warnings, set forth above, are imposed pursuant to the terms of this Settlement Agreement. The Docusign Envelope ID: 33564D49-1125-4C01-8A04-FAA7BE0DAFFC Parties recognize that these are not the exclusive methods of providing a warning under Proposition 65 and its implementing regulations. The Parties agree that Paradise shall be deemed to be in compliance with Proposition 65 and this Settlement Agreement as it relates to Products by adhering to this Section 2 or by complying with warning requirements set forth under California Health & Safety Code §25249.5, et seq. and/or adopted by the State of California’s Office of Environmental Health Hazard Assessment applicable to the product and the exposure at issue that are in effect after the Compliance Date. In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and TiO2, which are different than those set forth above, Miss A Paradise shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warnings as to TiO2 in warning for the Covered Products are is no longer required, a lack of warning by Miss A will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement