Common use of General Warning Requirements Clause in Contracts

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ 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 Colson, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 Colson where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Colson to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇▇ 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. ▇▇▇▇▇▇▇▇▇ 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 ColsonCraighill, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer 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. 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 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 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 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 Colson Craighill where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ Craighill shall instruct 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 Craighill or any of the Releasees after the Effective Date. There shall be no obligation for Colson Craighill to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Craighill 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Craighill will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ Codeage agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Codeage 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 ColsonCodeage, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Codeage where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Codeage or any of the Releasees after the Effective Date. There shall be no obligation for Colson Codeage to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Codeage 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Codeage will not thereafter be a breach of this Agreement. Codeage 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, ▇▇▇▇▇▇ Riverside agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Riverside 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 ColsonRiverside, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Riverside where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Riverside or any of the Releasees after the Compliance Date. There shall be no obligation for Colson Riverside to provide a warning for Covered Products that entered the stream of commerce prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Riverside 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Riverside will not thereafter be a breach of this Agreement. Riverside 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 next production of Covered Products inclusive of Covered Product packaging following the Compliance Date, ▇▇▇▇▇▇ Zen Spirit, if and only if the Daily Lead Exposure Levelin 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 warningwarning if offered for sale to California customers, as specified in this Agreement. ▇▇▇▇▇▇ 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 ColsonZen Spirit, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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. 27, § 25603(a), the warning provided on and 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 Colson where Covered Products are sold into California. In addition, ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇may appear on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. 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 Zen Spirit or any of the Releasees after the Compliance Date. There shall be no obligation for Colson Zen Spirit to provide a warning for Covered Products manufactured, packaged, in the process of manufacturing and/or in the process of packaging prior to the Compliance Date, including Covered Product packaging produced prior to the Compliance Date and/or Covered Products that entered the stream of commerce prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ 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 lead in this product are no longer required, or in the event of federal pre-emption, a lack of warning by ▇▇▇▇▇▇ 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 the Compliance Date, ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated if WhatIf is required to provide a warning pursuant to paragraph 2.1 shall contain a Proposition 65 warningone of the below warning options must be utlized. ▇▇▇▇▇▇ WhatIf 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 ColsonWhatIf, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. Except that WhatIf shall use the phrase “cancer and” in the warning only if WhatIf has reason to believe that the daily lead exposure is greater than 15 micrograms of Lead or if WhatIf has reason to believe that another Proposition 65 chemical is present which may require a cancer warning. 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 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 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), Such warning shall constitute compliance with Proposition 65 with respect 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 Listed Chemical in the general content of the website. These requirements extend to any websites under the exclusive control of Colson where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 WhatIf or any of the Releasees after the Compliance Date. There shall be no obligation for Colson WhatIf to provide a warning for Covered Products that entered the stream of commerce prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ WhatIf 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ WhatIf will not thereafter be a breach of this Agreement. WhatIf 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, ▇▇▇▇▇▇ Perfect agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Perfect 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 ColsonPerfect, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) : WARNING: Consuming this product can expose you to chemicals including LeadCadmium, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) OR WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing 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 sale. If the warning statement is displayed on the Covered Products' packaging’ packaging or if the short-form warning shown as option 2 above is selected, 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 warning statement displayed on the Covered Products' packaging appear in a type size smaller than 6- 6-point type. If the Covered Products' Product’s 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 Colson Perfect where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Perfect or any of the Releasees after the Effective Date. There shall be no obligation for Colson Perfect to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Perfect 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 lead cadmium in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Perfect will not thereafter be a breach of this Agreement. Perfect 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, ▇▇▇▇▇▇ Allseason agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Allseason 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 ColsonAllseason, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) : WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Allseason where Covered Products are sold into California. In additionAlternatively, ▇▇▇▇▇▇ shall instruct the content and method of transmission may be provided in any third-party website form as authorized by Proposition 65 law or regulation effective on or after the Effective Date in order 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 Californiaconstitute compliance with Proposition 65. There shall be no obligation for Colson Allseason to provide a warning for Covered Products that entered the stream of commerce prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Allseason 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Allseason will not thereafter be a breach of this Agreement. Allseason 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, ▇▇▇▇▇▇ ▇▇▇▇▇ 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. ▇▇▇▇▇▇ ▇▇▇▇▇ agrees that each such 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 Colson▇▇▇▇▇▇ ▇▇▇▇▇, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leaddiethanolamine (DEA), which are is known to the State of California to cause cancer and birth defects or other reproductive harmcancer. For more information, information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – Cancer- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇▇ The triangle above shall be yellow on the warning statement. 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 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 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 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 Colson ▇▇▇▇▇▇ ▇▇▇▇▇ where Covered Products are sold into California. In addition, ▇▇▇▇▇ ▇▇▇▇▇ shall instruct 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 ▇▇▇▇▇▇ ▇▇▇▇▇ or any of the Releasees after the Effective Date. There shall be no obligation for Colson ▇▇▇▇▇▇ ▇▇▇▇▇ to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products. ▇▇▇▇▇▇ ▇▇▇▇▇ shall be deemed compliant with the the terms of this Settlement if it ceases selling Covered Products in California. (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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ will not thereafter be a breach of this Agreement.Statutes

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on six months after the Effective Date (“Compliance Date”), ▇▇▇▇▇▇▇▇ agrees to provide a Proposition 65 warning for any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warningor distributed for sale in California. ▇▇▇▇▇▇ agrees that each 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 ColsonReliance, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer 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. 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 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 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 Colson Reliance where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ Reliance 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 Colson Reliance to provide a warning for Covered Products that entered the stream of commerce manufactured, packaged, or distributed prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Reliance shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed notwithstanding any other provision in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Reliance will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ Universal agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Universal 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 ColsonUniversal, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Universal where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 CaliforniaUniversal’s existing inventory that had not been reformulated and were distributed and/or sold by Universal after the Effective Date. There shall be no obligation for Colson Universal to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Universal 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Universal will not thereafter be a breach of this Agreement. Universal 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, ▇▇▇ ▇▇▇▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇ ▇▇▇▇▇▇▇▇▇ 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 ColsonSun Chlorella, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR. 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 Colson where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Colson to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Sun Chlorella 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 Sun Chlorella shall instruct any third-party website to which it sells its Covered Products to include the same warning as to lead in this product are no longer required, a lack condition of warning by ▇▇▇▇▇▇ will not thereafter be a breach of this Agreementselling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Effective Date, ▇▇▇▇▇▇ FRO 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. ▇▇▇▇▇▇ 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 ColsonFRO, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer 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. 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 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 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 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 Colson FRO where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 FRO or any of the Releasees after the Effective Date. There shall be no obligation for Colson FRO to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ FRO 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ FRO will not thereafter be a breach of this Agreement. FRO 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, ▇▇▇▇▇▇ FPC 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. ▇▇▇▇▇▇ FPC 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 ColsonFPC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer 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. 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 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 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 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 Colson FPC where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ FPC 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 warning to sell the Covered Products. Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products. If FPC sells Covered Products via an internet website it controls to customers located in California. There , the warning requirements of this section shall be no obligation for Colson satisfied if the foregoing warning appears via a hyperlink taking the customer to provide a page containing the warning for Covered Products that entered the stream of commerce language and appears prior to completion of the Effective Datesale. Alternatively, and a symbol consisting of a black exclamation point in a yellow or white equilateral triangle may appear adjacent to or immediately following the Section 4 release applies to all such display, description, price, or checkout listing of the Covered Products, if the warning statement appears elsewhere on the same web page in a manner that clearly associates it with the product(s) to which the warning applies. (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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ FPC 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ FPC will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ 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 ColsonOgilvie, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 Colson Ogilvie where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Colson Ogilvie to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products. (i) Changes . In lieu of warnings provided for 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 the chemical at issue, which are different than those set forth abovethis Section, ▇▇▇▇▇shall be entitled to use, at its discretion, such other may implement any warning text and/or method of transmission that complies with Proposition 65 or its implementing regulations, without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to lead in this product the Covered Products are no longer required, a lack of warning by ▇▇▇▇▇▇ will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ Verb 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 warningwarning unless it meets the Reformulation Standard of Section 2. 1. ▇▇▇▇▇▇ Verb 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 ColsonVerb, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to [chemicals including Leadincluding] diethanolamine (“DEA”), which are is known to the State of California to cause cancer and birth defects or other reproductive harmcancer. For more information, information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – Cancer- ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇▇ The triangle above shall be yellow on the warning statement. 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 Warning Option 2 above is utilized and if 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 If Warning Option 2 above is utilized, in no case shall a 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 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 onany e-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 commerce websites under the exclusive control of Colson Verb where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ Verb shall instruct any third-party website to which it directly sells its Covered Products to include the same online warningwarning where Covered Products are sold into California; however, as set forth above, as a condition of selling Verb does not assume any duty to monitor any third-party websites for compliance. 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 Verb or any of the Releasees after the Effective Date. There shall be no obligation for Colson Verb to provide a warning for Covered Products that entered the stream of commerce prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Verb 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 lead DEA in this product or generally are no longer required, a lack of warning by ▇▇▇▇▇▇ Verb 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, ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ 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 Colson, or on a placard, shelf tag, sign or electronic device or automatic process Wander that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including LeadTitanium Dioxide, which are is known to the State of California to cause cancer and birth defects or other reproductive harmcancer. For more information, information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR. 2) WARNING: Cancer and Reproductive Harm Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Wander where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Colson to provide a warning for Covered Products that entered the stream of commerce prior to 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 or promulgates one or more regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to the Covered Products and the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ 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 lead TiO2 in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ 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, ▇▇▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇▇▇ 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 Colson▇▇▇▇▇▇▇▇, or on a placard, shelf tag, sign or sign, electronic device device, or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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. 27The same warning, § 25602(b), or a hyperlink 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 word, “WARNING,shall be 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 Colson where ▇▇▇▇▇▇▇▇ from which Covered Products are sold into California. In addition, ▇▇▇▇▇▇▇▇ shall also instruct 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 here 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 ▇▇▇▇▇▇▇▇ or any of the Releasees after the Effective Date. There shall be no obligation for Colson ▇▇▇▇▇▇▇▇ to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇▇▇ 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 lead Lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇▇▇ will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing Unless the Covered Product meets the Reformulation Standard, commencing on the Compliance Effective Date, ▇▇▇▇▇▇ WP 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. ▇▇▇▇▇▇ WP 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 ColsonWP, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to [chemicals including Leadincluding] lead, which are is known to the State of California to cause cancer 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 unless the sign, label or shelf tag 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 option is displayed on the Covered Products' packagingused, it must be in a type size no smaller than the largest type size used for other consumer information information” on the product. In product and in no case shall a such warning statement displayed on the Covered Products' packaging appear in a type size smaller than 6- 6-point type. “Consumer information” includes warnings and directions for use, but does not include the brand name, product name, company name, location of manufacture or product advertising. 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 onany e-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 commerce websites under the exclusive control of Colson WP where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Californiathe stream of commerce that had not been reformulated and are distributed and/or sold by WP or any of the Releasees after the Effective Date. There shall be no obligation for Colson WP to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, regardless of when those Covered Products are distributed or sold, and the Section 4 release applies to all such Covered Products. WP shall instruct any third-party website to which it has actual knowledge sells its Covered Products to California to include the same warning as a condition of selling the Covered Products; however, WP does not assume any duty to monitor any third-party websites for compliance. The warning requirements set forth herein are imposed pursuant to the terms of this Settlement Agreement and are recognized by the Parties as not being the exclusive manner of providing a “clear and reasonable” Proposition 65 warning for the Covered Products. Warnings may also be provided in any manner authorized by the Proposition 65 regulations, as may be amended in the future. (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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ WP 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ WP will not thereafter be a breach of this Agreement. In the event a court of competent jurisdiction approves of a reformulation standard for lead in Covered Products that is higher than the Reformulation Standard, WP is permitted to use such reformulation standard at any time without being deemed in breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇ 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 Colson▇▇▇▇▇, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) OR WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson ▇▇▇▇▇ where Covered Products are sold into California. In addition, ▇Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by ▇▇▇▇▇ shall instruct or any third-party website to which it directly sells its Covered Products to include of the same online warning, as set forth above, as a condition of selling Releasees after the Covered Products in CaliforniaEffective Date. There shall be no obligation for Colson ▇▇▇▇▇ to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇ 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇ 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, ▇▇▇▇▇▇ Vitamin Shoppe agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Vitamin Shoppe 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 ColsonVitamin Shoppe, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Vitamin Shoppe where Covered Products are sold into California. In additionIf the warning appears on a shelf tag for a Covered Product, ▇▇▇▇▇▇ shall instruct any third-party website to which it directly sells its Covered Products to include the same online symbol “” may appear separately from the text of the warning, so long as set forth above, as the text of the warning is prominently displayed on a condition placard or sign in a location where it is likely to be seen by consumers prior to purchase of selling the Covered Product. 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 Vitamin Shoppe or any of the Releasees after the Effective Date. There shall be no obligation for Colson Vitamin Shoppe to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Vitamin Shoppe 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Vitamin Shoppe will not thereafter be a breach of this Agreement. Vitamin Shoppe 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, ▇▇▇ ▇▇▇▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇ ▇▇▇▇▇▇▇▇▇ 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 ColsonSun Chlorella, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Sun Chlorella where Covered Products are sold into California. In addition, Such warning shall constitute compliance with Proposition 65 with respect to the Listed Chemical in the Covered Products for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by ▇▇▇ ▇▇▇▇▇▇▇▇▇ shall instruct or any third-party website to which it directly sells its Covered Products to include of the same online warning, as set forth above, as a condition of selling Releasees after the Covered Products in CaliforniaEffective Date. There shall be no obligation for Colson Sun Chlorella to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Sun Chlorella 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 lead in this product are no longer required, a lack of warning by ▇▇▇ ▇▇▇▇▇▇▇▇▇ will not thereafter be a breach of this Agreement. Sun Chlorella 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, ▇▇▇▇▇▇ ZB agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ ZB 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 ColsonZB, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including LeadMercury, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇./food. 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 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 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 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 Colson ZB where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 ZB or any of the Releasees after the Effective Date. There shall be no obligation for Colson ZB to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ ZB 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 lead mercury in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ ZB will not thereafter be a breach of this Agreement. ZB 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 thirty (30) days after the Compliance Effective Date, ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Promix 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 ColsonPromix, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Leadlead, which are known to the State of California to cause cancer 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. 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 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 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 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 Colson Promix where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Promix or any of the Releasees after the Effective Date. There shall be no obligation for Colson Promix to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Promix 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Promix will not thereafter be a breach of this Agreement. Promix 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 Beginning one hundred and twenty (120) days after the Compliance Effective Date, ▇▇▇▇▇▇ dotFIT agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ 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 ColsondotFIT, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Leadlead and cadmium, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson dotFIT where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 dotFIT or any of the Releasees after the Effective Date. There shall be no obligation for Colson dotFIT to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ dotFIT 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 lead and cadmium in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ dotFIT will not thereafter be a breach of this Agreement. dotFIT 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, ▇▇▇▇▇▇ FFL 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. ▇▇▇▇▇▇ FFL 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 ColsonFFL, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer 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. 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 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 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 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 Colson FFL where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ FFL shall instruct 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 FFL or any of the Releasees after the Effective Date. There shall be no obligation for Colson FFL to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ FFL 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ FFL will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ 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 ColsonKencko, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Kencko where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Kencko or any of the Releasees after the Effective Date. There shall be no obligation for Colson Kencko to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Kencko 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ will not thereafter be a breach of this Agreement. Kencko 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, ▇▇▇▇▇▇ ZB agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ ZB 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 ColsonZB, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including LeadMercury, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson ZB where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 ZB or any of the Releasees after the Effective Date. There shall be no obligation for Colson ZB to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ ZB 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 lead mercury in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ ZB will not thereafter be a breach of this Agreement. ZB 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, ▇▇▇▇▇▇ and continuing thereafter, LexUnder agrees any Covered Product Products sold that was were not reformulated pursuant to paragraph 2.1 shall contain a clear and reasonable Proposition 65 warning. ▇▇▇▇▇▇ LexUnder 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 ColsonLexUnder, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) : WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) OR WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. This warning statement shall be in enclosed in a box and prominently displayed on the Covered Products, on the packing 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 sale. If 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 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 The warning that complies with the content requirements of Cal. Code Regs Tit. 27, § 25603(a) must statement 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 Colson LexUnder where Covered Products are sold into the State of California. In addition, ▇▇▇▇▇▇ 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 LexUnder or any of the Releasees after the Effective Date. There shall be no obligation for Colson LexUnder to provide a warning for Covered Products that entered the stream of commerce prior to the Effective Date, and the Section 4 release applies to all such Covered Products. LexUnder may comply with the warning requirements of this section by any other means authorized pursuant to Health and Safety Code § 25249.5 et seq. and/or by adhering to the safe harbor regulations and/or guidelines published by the Office of Environmental Health Hazard Assessment, as they may be amended from time to time. (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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ LexUnder 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 lead in this product the Covered Products are no longer required, a lack of warning by ▇▇▇▇▇▇ LexUnder will not thereafter be a in breach of this Settlement Agreement, and LexUnder’s compliance with this legislation or regulations will constitute compliance with Section 2 of this Settlement Agreement. LexUnder shall ask any third- party website to which it sells its Covered Products to include the warning statement as a condition of selling the Covered Products.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ Natural agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Natural 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 ColsonNatural, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Leadlead and cadmium, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Natural where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Natural or any of the Releasees after the Effective Date. There shall be no obligation for Colson Natural to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Natural 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Natural will not thereafter be a breach of this Agreement. Natural 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, ▇▇▇▇▇▇ QPC agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ QPC 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 ColsonQPC, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Leadcadmium, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. This One of the above warning statement statements shall be in enclosed in a box and prominently displayed on the Covered ProductsProducts that do not meet the standards in paragraph 2.1, 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 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, as that term is defined in Cal. Code Regs. Tit. 27, 1 . In no case shall a 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 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 Colson QPC where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 cadmium in the Covered Products for any Covered Products in Californiaexisting inventory that had not been reformulated and were distributed and/or sold by QPC or any of the Releasees after the Compliance Date. There shall be no obligation for Colson QPC to provide a warning for Covered Products that entered the stream of commerce prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ QPC 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 lead cadmium in this product are no longer required, or if a court of competent jurisdiction finds that Proposition 65 warnings for exposures to cadmium 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 ▇▇▇▇▇▇ QPC that is consistent with such revised regulations, legislation or standard will not thereafter be a breach of this Agreement. QPC 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, ▇▇▇▇▇▇ Riverside agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Riverside 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 ColsonRiverside, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Riverside where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Riverside or any of the Releasees after the Compliance Date. There shall be no obligation for Colson Riverside to provide a warning for Covered Products that entered the stream of commerce prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Riverside 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Riverside will not thereafter be a breach of this Agreement. Riverside 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 thirty (30) days after the Compliance Effective Date, ▇▇▇▇▇▇ KMK agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ KMK 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 ColsonKMK, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson KMK where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 KMK or any of the Releasees after the Effective Date. There shall be no obligation for Colson KMK to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ KMK 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 lead Lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ KMK will not thereafter be a breach of this Agreement. KMK 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, ▇▇▇▇▇ agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇ 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 ColsonMajka, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Leadlead and cadmium, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson ▇▇▇▇▇ where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Majka or any of the Releasees after the Effective Date. There shall be no obligation for Colson Majka to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇ 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 lead and cadmium in this product are no longer required, a lack of warning by ▇▇▇▇▇ will not thereafter be a breach of this Agreement. Majka 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, ▇▇▇▇▇▇ Avondale 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. ▇▇▇▇▇▇ Avondale 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 ColsonAvondale, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this This product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer 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. 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 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 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 purchasepurchase when a California delivery address is indicated. If an on-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 Colson Avondale where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ Avondale 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 Colson Avondale to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Avondale 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Avondale will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ LKK agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ LKK 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 ColsonLKK, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson LKK where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 LKK or any of the Releasees after the Effective Date. There shall be no obligation for Colson LKK to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ will not thereafter be a breach of this Agreement.

Appears in 1 contract

Sources: Settlement Agreement

General Warning Requirements. Commencing on the Compliance Date, ▇▇▇▇▇▇ Ancient Provisions agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Ancient Provisions 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 ColsonAncient Provisions, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Lead, which are known to the State of California to cause [cancer and and] birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: [Cancer and and] Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Ancient Provisions where Covered Products are sold into California. In addition, ▇▇▇▇▇▇ 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 Ancient Provisions or any of the Releasees after the Effective Date. There shall be no obligation for Colson Ancient Provisions to provide a warning for Covered Products that entered the stream of commerce manufactured prior to the Effective 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Ancient Provisions 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Ancient Provisions will not thereafter be a breach of this Agreement. Ancient Provisions 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, ▇▇▇▇▇▇ Vitamin Shoppe agrees any Covered Product sold that was not reformulated pursuant to paragraph 2.1 shall contain a Proposition 65 warning. ▇▇▇▇▇▇ Vitamin Shoppe 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 ColsonVitamin Shoppe, or on a placard, shelf tag, sign or electronic device or automatic process that contains one of the following statements: 1) WARNING: Consuming this product can expose you to chemicals including Leadlead, which are is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. OR 2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. 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 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 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 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 Colson Vitamin Shoppe where Covered Products are sold into California. In additionIf the warning appears on a shelf tag for a Covered Product, ▇▇▇▇▇▇ shall instruct any third-party website to which it directly sells its Covered Products to include the same online symbol “” may appear separately from the text of the warning, so long as set forth above, as the text of the warning is prominently displayed on a condition placard or sign in a location where it is likely to be seen by consumers prior to purchase of selling the Covered Product.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 Vitamin Shoppe or any of the Releasees after the Effective Date. There shall be no obligation for Colson Vitamin Shoppe to provide a warning for Covered Products that entered the stream of commerce prior to 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 the chemical at issue, which are different than those set forth above, ▇▇▇▇▇▇ Vitamin Shoppe 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 lead in this product are no longer required, a lack of warning by ▇▇▇▇▇▇ Vitamin Shoppe will not thereafter be a breach of this Agreement. Vitamin Shoppe 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