Lead, Cadmium and Arsenic Standards; Warnings Clause Samples

Lead, Cadmium and Arsenic Standards; Warnings. 3.1 Any Covered Products that Haddon House manufactures or causes to be manufactured after the Effective Date that it thereafter distributes into California or directly sells in California shall either (1) qualify as a Reformulated Covered Product under Section 3.3 or (2) comply with the warning requirements of Section 3.2. 3.1.1 As used in this Agreement, the term “distribute(s) into California” shall mean Haddon House directly ships any Covered Products into California for sale in California or sells the Covered Products to a distributor or retailer that Haddon House knows will sell the Covered Products in California. 3.2 On the Covered Products, Haddon House shall provide a warning that complies with the requirements of Sections 3.2.1, 3.2.2, or 3.2.3. The warning shall be displayed on the packaging of the Covered Products with such conspicuousness, as compared with other words, statements, or designs so as to render it likely to be read and understood by an ordinary individual purchasing or using the Covered Products. In addition, for Covered Products manufactured on and after August 30, 2018 and which Haddon House sells through a website for shipment to a California consumer, Haddon House must provide the warning on the website in a manner that complies with 27 Cal. Code Regs. §§ 25600.2, 25601, and 25602. 3.2.1 Option 1 3.3. If such a warning is required for arsenic, the term “cancer and” shall be included in the warning under Option 1. 3.2.2 Option 2 3.2.3 Option 3
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