General Warning Requirements. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by HONG SAR that contains the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning. The warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SAR, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 8 contracts
Sources: Settlement Agreement, Settlement Agreement, Settlement Agreement
General Warning Requirements. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products Product sold or distributed in California by HONG SAR MYRTLE that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products Product already in the stream of commerce as of the Effective Date, and all such Covered Products are Product is hereby deemed to be exempt from Proposition 65 enforcement and are is expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, including lead, which are is known to the State of California to cause [cancer and and] birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR OR MYRTLE may, but is not required to, use the following Short-Form warning: WARNING: [Cancer and] Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. MYRTLE may include the names of additional chemicals in the warning if they are present in the Covered Products Product at a level that HONG SAR MYRTLE reasonably believes would require a Proposition 65 warning. MYRTLE may include the word “cancer” at its discretion in either label option. The warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARMYRTLE, where the Covered Products are Product is sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are Product is displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 2 contracts
Sources: Settlement Agreement, Settlement Agreement
General Warning Requirements. Sungiven 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 Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products Product sold or distributed in California by HONG SAR Sungiven that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: :
1) WARNING: Consuming this product can expose you to chemicals, including lead, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning;
2) WARNING: Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed offset in a boxbox with black outline. In additionFor internet purchases, the same warning shall must also be posted on any website under provided by including either the exclusive control of HONG SAR, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing or a clearly marked hyperlink using the word “"WARNING”; (b) " on the same page as the price for the Covered ProductProduct display page, or (c) on one or more web pages displayed by otherwise prominently displaying the warning to a the purchaser prior to purchase during completing the checkout processpurchase. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing For Product that Sungiven provides for a downstream entity to sell on the website or on internet, Sungiven shall include an instruction that the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of entity comply with the warning on the average layperson shall accompany the warningrequirements of this section. FurtherWhere a consumer product sign, no statements may accompany the label or shelf tag used to provide a warning that state or imply that the source of the listed chemical has an impact on or results includes consumer information in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)language(s) on the product packaging that is in a foreign languageother than English, the warning must also be provided in the foreign languageother language(s) in addition to English. 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 warning text and/or methods of transmission different than those set forth above, Sungiven shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. 3LP 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 Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products Product sold or distributed in California by HONG SAR 3LP that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: :
1) WARNING: Consuming this product can expose you to chemicals, including lead, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning;
2) WARNING: Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed offset in a boxbox with black outline. In additionFor internet purchases, the same warning shall must also be posted on any website under provided by including either the exclusive control of HONG SAR, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing or a clearly marked hyperlink using the word “"WARNING”; (b) " on the same page as the price for the Covered ProductProduct display page, or (c) on one or more web pages displayed by otherwise prominently displaying the warning to a the purchaser prior to purchase during completing the checkout processpurchase. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing For Product that 3LP provides for a downstream entity to sell on the website or on internet, 3LP shall include an instruction that the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of entity comply with the warning on the average layperson shall accompany the warningrequirements of this section. FurtherWhere a consumer product sign, no statements may accompany the label or shelf tag used to provide a warning that state or imply that the source of the listed chemical has an impact on or results includes consumer information in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)language(s) on the product packaging that is in a foreign languageother than English, the warning must also be provided in the foreign languageother language(s) in addition to English.
(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 warning text and/or methods of transmission different than those set forth above, 3LP shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Settlement Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Settlement Agreement.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. ▇▇▇▇▇▇▇ 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 product the warning applies so as to minimize the risk of confusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by HONG SAR ROCKMAN that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, including lead, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning. OR WARNING: Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The warning Warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARROCKMAN, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered ProductProducts, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “"WARNING” " shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning Warning on the average layperson shall accompany the warningWarning. Further, no statements may accompany the warning Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “the consumer information” (as defined information in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. Commencing on the Compliance Date, any Covered Product that Munchkin distributes or sells in the State of California that is 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 one of the Covered Products sold or distributed in California by HONG SAR that contains the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include OR WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. This warning statement shall be in enclosed in a box and prominently displayed on the names Covered Products, on the packing of additional chemicals in 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 if they are present in statement is displayed on the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning. The warning shall be securely affixed to or printed upon the label of each productProducts’ packaging, and it must be set off from other surrounding information and enclosed in a boxtype size no smaller than the largest type size used for other consumer information on the product. In additionno 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, the a warning statement in that language is required. The same warning shall be posted on any website websites under the exclusive control of HONG SAR, Munchkin where the Covered Products are sold directly to consumers located in into California. The warning requirements of this section Munchkin shall be satisfied if the forgoing warning appears either (a) on instruct any third-party website to which it sells its Covered Products to include the same web page on which Covered Products are displayed and/or described by providing warning as a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for condition of selling the Covered Product, Products. Changes in Warning Regulations or (c) on Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more web pages displayed regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to a purchaser prior to purchase during the checkout process. The warning Covered Products and the chemical at issue, which are different than those set forth above, Munchkin shall be entitled to use, at least the same size as the largest its discretion, such other warning text and/or method of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be transmission without being deemed in all capital letters and in bold print. No statements intended to or likely to have the effect breach of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemicalthis Agreement. If there is “consumer information” (regulations or legislation are enacted providing that Proposition 65 warnings as defined to lead in 27 CCR section 25600.1(c)) on the this product packaging that is in are no longer required, a foreign language, the lack of warning must also by Munchkin will not thereafter be in the foreign languagea breach of this Agreement.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by HONG SAR SEMPIO that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products Product already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, including leadcadmium, which are is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR OR SEMPIO may, but is not required to, use the following Short-Form warning: WARNING: Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. SEMPIO may include the names of additional chemicals in the warning if they are present in the Covered Products Product at a level that HONG SAR ▇▇▇▇▇▇ reasonably believes would require a Proposition 65 warning. The warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARSEMPIO, where the Covered Products are Product is sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which the Covered Products are Product is displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. ▇▇▇ 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 product the warning applies so as to minimize the risk of confusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by HONG SAR POP that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, including lead, Lead which are is known to the State of California to cause cancer and cancer, birth defects or other reproductive harm. For more information, information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning. OR WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The warning Warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARPOP, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered ProductProducts, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “"WARNING” " shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning Warning on the average layperson shall accompany the warningWarning. Further, no statements may accompany the warning Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “the consumer information” (as defined information in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. Q’S BEST agrees that each warning required under section 2.1 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 product the warning applies so as to minimize the risk of confusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products Product sold or distributed in California by HONG SAR Q’S BEST that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, including 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning. OR WARNING: Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The warning Warning shall be securely affixed to or printed upon the label of each product, product and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARQ’S BEST, where the Covered Products are Product is sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either either: (a) on the same web page on which a Covered Products are Product is displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. ▇▇▇▇▇▇ 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 product the warning applies so as to minimize the risk of confusion to consumers. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by HONG SAR SEMPIO that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, including lead, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning. OR WARNING: Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇ The warning Warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARSEMPIO, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered ProductProducts, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “"WARNING” " shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning Warning on the average layperson shall accompany the warningWarning. Further, no statements may accompany the warning Warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “the consumer information” (as defined information in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. Commencing on the Compliance Date, Good To-Go agrees that any Covered Product sold that does not or may not satisfy the Reformulation Standards in Section 2.1 shall contain a Proposition 65 warning. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to provided via a link on the packaging, label, tag, or directly to packaging of each of the Covered Products Product sold or distributed in California by HONG SAR that contains the following warning statementsGood To-Go. No The link shall directly take consumers to a webpage on which a Proposition 65 warning is provided. The web page shall be required for any Covered Products already in the stream of commerce as provide one of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: following statements:
1) WARNING: Consuming this product can expose you to chemicals, chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in OR
2) WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The link to the warning if they are present shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual prior to sale. The link to the warning 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 the link to the warning on the Covered Products’ packaging appear in a type size smaller than 6-point type. Such warning shall constitute compliance with Proposition 65 with respect to alleged lead and cadmium in the Covered Products at for any Covered Products in existing inventory that had not been reformulated and were distributed and/or sold by Good To-Go or any of the Releasees after the Compliance Date. There shall be no obligation for Good To-Go to provide a level warning for Covered Products that HONG SAR reasonably believes would require a entered the stream of commerce prior to the Compliance Date, and the Section 4 release applies to all such Covered Products.
(i) Changes in Warning Regulations or Statutes In the event that the Office of Environmental Health Hazard Assessment promulgates one or more regulations requiring or permitting Proposition 65 warning. The 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, Good To-Go shall be securely affixed 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 printed upon the label legislation are enacted providing that Proposition 65 warnings as to lead in this product are no longer required, or if a court of each productcompetent jurisdiction finds that Proposition 65 for exposures to lead in food products are no longer required, and a lack of warning by Good To-Go will not thereafter be a breach of this Agreement. Good To-Go shall instruct any third-party website to which it must be set off from other surrounding information and enclosed in a box. In addition, sells its Covered Products to include the same warning shall be posted on any website under the exclusive control as a condition of HONG SAR, where selling the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign languageProducts.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by HONG SAR ZENB that contains the following warning statementsstatement. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR ZENB may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR ZENB reasonably believes would require a Proposition 65 warning. The warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARZENB, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. Nat4life 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 Product the warning applies, so as to minimize the risk of consumer confusion. For the purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products Product shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products Product sold or distributed in California by HONG SAR BLU that contains one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: :
1) WARNING: Consuming this product can expose you to chemicals, including lead, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning;
2) WARNING: Reproductive ▇▇▇▇-▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. The warning shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed offset in a boxbox with black outline. In additionFor internet purchases, the same warning shall must also be posted on any website under provided by including either the exclusive control of HONG SAR, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing or a clearly marked hyperlink using the word “"WARNING”; (b) " on the same page as the price for the Covered ProductProduct display page, or (c) on one or more web pages displayed by otherwise prominently displaying the warning to a the purchaser prior to purchase during completing the checkout processpurchase. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing For Product that BLU provides for a downstream entity to sell on the website or on internet, BLU shall include an instruction that the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of entity comply with the warning on the average layperson shall accompany the warningrequirements of this section. FurtherWhere a consumer product sign, no statements may accompany the label or shelf tag used to provide a warning that state or imply that the source of the listed chemical has an impact on or results includes consumer information in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)language(s) on the product packaging that is in a foreign languageother than English, the warning must also be provided in the foreign languageother language(s) in addition to English.
(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 warning text and/or methods of transmission different than those set forth above, Nat4life shall be entitled to use, at its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted or issued providing that a Proposition 65 warning for the Product is no longer required, a lack of warning will not thereafter be a breach of this Agreement.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. For purposes of this Settlement Agreement, and to the extent that FORAGER is required to provide a warning, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each of the Covered Products sold or distributed in California by HONG SAR FORAGER that contains the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: WARNING: Consuming this product can expose you to chemicals, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. HONG SAR OR FORAGER may, but is not required to, use the following Short-Form warning: WARNING: Cancer and Reproductive Harm – ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. FORAGER may include the names of additional chemicals in the warning if they are present in the Covered Products at a level that HONG SAR FORAGER reasonably believes would require a Proposition 65 warning. The warning warning, to the extent that FORAGER is required to provide a warning, shall be securely affixed to or printed upon the label of each product, and it must be set off from other surrounding information and enclosed in a box. In addition, the same warning shall be posted on any website under the exclusive control of HONG SARFORAGER, where the Covered Products are sold directly to consumers located in California. The warning requirements of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on one or more web pages displayed to a purchaser prior to purchase during the checkout process. The warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign language. For purposes of this Settlement Agreement, when Forager is required to provide a warning for a Covered Product, Forager may satisfy the warning requirement by providing the required information in compliance with 27 C.C.R. § 25600.2 (2020) to any business that is subject to Proposition 65 to which it is selling or transferring the Covered Product.
Appears in 1 contract
Sources: Settlement Agreement
General Warning Requirements. For purposes of this Settlement AgreementJouer agrees that any Covered Product that contains TiO2 in a concentration level exceeding the standard set forth in Section 2.1 above, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, which is distributed or directly to each sold by Jouer in the State of California after the Covered Products sold or distributed in California by HONG SAR that contains Compliance Date, shall include one of the following warning statements. No Proposition 65 warning shall be required for any Covered Products already in the stream of commerce as of the Effective Date, and all such Covered Products are hereby deemed to be exempt from Proposition 65 enforcement and are expressly subject to the releases provided in Section 4 of this Settlement Agreement: :
1) WARNING: Consuming this This product can expose you to chemicals, 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 ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/.
2) WARNING: Cancer– ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. HONG SAR may include This warning statement shall be prominently displayed on the names Covered Products, on the packing of additional chemicals in 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 if they are present in statement is displayed on the Covered Products at a level that HONG SAR reasonably believes would require a Proposition 65 warning. The warning shall be securely affixed to or printed upon the label of each productProducts’ packaging, and it must be set off from other surrounding information and enclosed in a boxtype size no smaller than the largest type size used for other consumer information on the product. In addition, no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any website websites under the exclusive control of HONG SAR, Jouer where the Covered Products are sold directly to consumers located into California.
(i) Changes in California. The warning requirements Warning Regulations or Statutes In the event that the Office of this section shall be satisfied if the forgoing warning appears either (a) on the same web page on which Covered Products are displayed and/or described by providing a clearly marked hyperlink using the word “WARNING”; (b) on the same page as the price for the Covered Product, or (c) on Environmental Health Hazard Assessment promulgates one or more web pages displayed regulations requiring or permitting Proposition 65 warning text and/or methods of transmission applicable to a purchaser prior to purchase during the checkout process. The warning Covered Products and the chemical at issue, which are different than those set forth above, Jouer shall be entitled to use, at least its discretion, such other warning text and/or method of transmission without being deemed in breach of this Agreement. If regulations or legislation are enacted providing that Proposition 65 warnings as to TiO2 in this product are no longer required, a lack of warning by Jouer will not thereafter be a breach of this Agreement. Jouer shall instruct any third-party website to which it sells its Covered Products to include the same size warning as a condition of selling the largest of any other health or safety warnings also appearing on the website or on the label, and the word “WARNING” shall be in all capital letters and in bold print. No statements intended to or likely to have the effect of diminishing the impact of the warning on the average layperson shall accompany the warning. Further, no statements may accompany the warning that state or imply that the source of the listed chemical has an impact on or results in a less harmful effect of the listed chemical. If there is “consumer information” (as defined in 27 CCR section 25600.1(c)) on the product packaging that is in a foreign language, the warning must also be in the foreign languageCovered Products.
Appears in 1 contract
Sources: Settlement Agreement