Common use of Proposition 65 Warnings Clause in Contracts

Proposition 65 Warnings. 2.2.1 Whenever a clear and reasonable warning is required under Section 2.1, VPC shall use a warning with the capitalized and emboldened wording substantially similar to the following: WARNING: 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 VPC 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. 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”. 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 VPC 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 VPC provides for a downstream entity to sell on the internet (e.g., the Home Depot Entities), VPC shall include an instruction that the entity comply with the warning requirements of this section.

Proposition 65 Warnings. 2.2.1 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, VPC warning. Duelle shall use proVide a warning with the capitalized and emboldened wording statement substantially similar to the following: WARNING: This product can expose you to Leadchemicals, including [DEHP and/or DBP],1 which is [is/are] known to the State of California to cause [cancer and birth defects or other reproductive reproductiVe harm]. For more information go to ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇▇. If VPC has reason to believe The bracketed language may Vary based on the Products may expose consumers to additional chemicals identified listed under Proposition 65, then it may replace “Lead which is” with “chemicals, including Lead, which are” in the warning statementchemical(s). 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 VPC Duelle on the internet to persons located in California shall also provide 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 VPC provides Duelle proVides for a downstream entity to sell on the internet (e.g.internet, the Home Depot Entities), VPC Duelle shall include an instruction that the entity comply with the warning requirements of this section.