Common use of Proposition 65 Warnings Clause in Contracts

Proposition 65 Warnings. Whenever a clear and reasonable warning is required under Section 2.1, Force Factor shall use a warning with the capitalized and emboldened wording, as follows: WARNING: Consuming this product can expose you to Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. If Force Factor has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. A Product that is sold by Force Factor on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor provides for a downstream entity to sell on the internet, Force Factor shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section.

Proposition 65 Warnings. Whenever a clear and reasonable warning is required under Section 2.1, Force Factor Arena Nutrition shall use a warning with the capitalized and emboldened wording, as follows: WARNING: Consuming this product can expose you to Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. If Force Factor Arena Nutrition has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. A Product that is sold by Force Factor Arena Nutrition on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor Arena Nutrition provides for a downstream entity to sell on the internet, Force Factor Arena Nutrition shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section.

Proposition 65 Warnings. 2.2.1 Whenever a clear and reasonable warning is required under Section 2.1, Force Factor CHFC shall use a warning with the capitalized and emboldened wording, as followswording substantially similar to the following: WARNING: Consuming this This product can expose you to Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. If Force Factor CHFC has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, shelf tag, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. If the warning is provided on a shelf tag, it shall follow the appropriate methods and content for shelf tags as described in 27 CCR section 25600, et seq. A Product that is sold by Force Factor CHFC on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor CHFC provides for a downstream entity to sell on the internet, Force Factor CHFC shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section.

Proposition 65 Warnings. 2.2.1 Whenever a clear and reasonable warning is required under Section 2.1, Force Factor Sigma shall use a warning with the capitalized and emboldened wording, as followswording substantially similar to the following: WARNING: Consuming this This product can expose you to Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. If Force Factor Sigma has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Alternatively, the warning may be a short-form warning that complies with Title 27, California Code of Regulations § 25603(b) and (c). Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, shelf tag, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. If the warning is provided on a shelf tag, it shall follow the appropriate methods and content for shelf tags as described in 27 CCR section 25600, et seq. A Product that is sold by Force Factor Sigma on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor Sigma provides for a downstream entity to sell on the internet, Force Factor Sigma shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section.

Proposition 65 Warnings. Whenever a clear and reasonable warning is required under Section 2.1, Force Factor Mendota Merchants shall use a warning with the capitalized and emboldened wording, as follows: WARNING: Consuming this product can expose you to Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. If Force Factor Mendota Merchants has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. A Product that is sold by Force Factor Mendota Merchants on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor Mendota Merchants provides for a downstream entity to sell on the internet, Force Factor Mendota Merchants shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section.

Proposition 65 Warnings. 2.2.1 Whenever a clear and reasonable warning is required under Section 2.1, Force Factor Copperfit shall use a warning with the capitalized and emboldened wording, as followswording substantially similar to the following: WARNING: Consuming this This product can expose you to Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. If Force Factor Copperfit has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. A Product that is sold by Force Factor Copperfit on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor Copperfit provides for a downstream entity to sell on the internet, Force Factor Copperfit shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section. No warning shall be required as to any Products that Copperfit has already sold or distributed as of the Effective Date, which Products are subject to the releases provided in Section 4.1.

Proposition 65 Warnings. 2.2.1 Whenever a clear and reasonable warning is required under Section 2.1, Force Factor Triple 7 shall use a warning with the capitalized and emboldened wording, as followswording substantially similar to the following: WARNING: Consuming this This product can expose you to Lead, Di-n-Butyl Phthalate which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/▇▇▇▇. If Force Factor Triple 7 has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead Di-n-Butyl Phthalate which isis known to the State of California to cause birth defects or other reproductive harm” with “chemicals, including LeadDi-n-Butyl Phthalate, which areare known to the State of California to cause cancer and birth defects or other reproductive harm” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. A Product that is sold by Force Factor Triple 7 on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor Triple 7 provides for a downstream entity to sell on the internetinternet (e.g., Force Factor Nordstrom, Inc.), Triple 7 shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section.

Proposition 65 Warnings. Whenever For any Products that are not Reformulated Products, such Products shall be accompanied by a clear and reasonable warning is required under Section 2.1, Force Factor warning. 99 Cents shall use provide a warning with statement substantially similar to the capitalized and emboldened wording, as followsfollowing: WARNING: Consuming this This product can expose you to Leadchemicals, including [Di (2- ethylhexyl) Phthalate and/or Di-n-Butyl Phthalate],1 which is [is/are] known to the State of California to cause [cancer and birth defects or other reproductive harm]. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇/. The bracketed language may vary based on the identified listed chemical(s). Alternatively, Defendant may use the Short-Form warning in compliance with 27 Cal. Code Regs §25602, et seq.: WARNING: Cancer and Reproductive Harm. ▇▇▇.▇▇▇▇. If Force Factor has reason to believe the Products may expose consumers to additional chemicals listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statement. Where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box▇▇▇▇▇▇▇.▇▇.▇▇▇. The warning shall be accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label for the product is not printed using the color yellow, the symbol may be printed in black and white. The symbol shall be placed to the left of the text of the warning, in a size no smaller than the height of the word “WARNING”. Additionally, if the Product contains consumer information in a foreign language, the warning must be provided in the foreign language. The Products shall carry said warning directly on each unit, label, or package, with such conspicuousness as compared with other words, statements or designs as to render it likely to be read and understood by an ordinary consumer prior to sale. A Product that is sold by Force Factor 99 Cents on the internet to persons located in California shall also provide the warning message by a clearly marked hyperlink on the product display page, or otherwise prominently displayed to the purchaser before the purchaser completes his or her purchase of the Product. For Products that Force Factor 99 Cents provides for a downstream entity to sell on the internet, Force Factor 99 Cents shall comply with 27 CCR section 25600.2(b) and include an instruction that the entity comply with the warning requirements of this section. 1 In accordance with 27 Cal. Code Regs., section 25603, operative Aug. 30, 2018, the warning must expressly identify at least one of the Listed Chemicals present in the Product, as applicable.