Common use of Proposition 65 Warnings Clause in Contracts

Proposition 65 Warnings. A Clear and Reasonable Warning under this Consent Judgment shall state either: WARNING: This product contains a chemical known to the State of California to cause birth defects or other reproductive harm. Or WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. A Clear and Reasonable Warning shall not be preceded by, surrounded by, or include any additional words or phrases that contradict, obfuscate or otherwise undermine the warning. For internet, catalog or any other sale where the consumer is not physically present and cannot see a warning displayed on the Covered Product or the packaging of the Covered Product prior to purchase or payment, the warning statement shall be displayed in such a manner that it is likely to be read and understood prior to the authorization of or actual payment. For internet sales, the warning statement shall: (a) be displayed before a consumer commits to purchasing the Covered Product and without the need for the consumer to follow any additional hyperlinks beyond those required as part of the ordinary purchasing process; (b) be set out in a text, box on a separate line or in a separate paragraph; (c) be displayed in a font size in which the smallest character is no less than the equivalent of the height of the equivalent characters in 12 point arial font; and (d) be 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. The warning statement shall not be preceded, followed, or surrounded by words, symbols, or other matter that reduces its conspicuousness to an ordinary individual, or that qualifies or interprets the required text, such as “legal notice required by law.”

Proposition 65 Warnings. A Clear and Reasonable Warning under this Consent Judgment shall state eitherstate: WARNING: This product contains lead, a chemical known to the State of California to cause birth defects or other reproductive harm. Or WARNING: This product contains a chemical known to the State of California to cause cancer and birth defects or other reproductive harm. A Clear and Reasonable Warning shall not be preceded bypreceded, followed or surrounded by, or include include, any additional words or phrases that contradict, obfuscate or otherwise undermine the warning. , or that reduce its conspicuousness, or that qualify or interpret the required text, such as “legal notice required by law.” For internet, catalog or any other sale where the consumer is not physically present and cannot see a warning displayed on the Covered Product or the packaging of the Covered Product prior to purchase or payment, the warning statement shall be displayed in such a manner that it is likely to be read and understood prior to the authorization of or actual payment. For internet sales, the warning statement shall: (a) be displayed before a consumer commits to purchasing the Covered Product and without the need for the consumer to follow any additional hyperlinks beyond those required as part of the ordinary purchasing process; (b) be set out in a text, box on a separate line or in a separate paragraph; (c) be displayed in a font size in which the smallest character that is no less smaller than that used in the equivalent of the height of the equivalent characters in 12 point arial fontproduct description; and (d) be 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. The warning statement shall not be preceded, followed, or surrounded by words, symbols, or other matter that reduces its conspicuousness to an ordinary individual, or that qualifies or interprets the required text, such as “legal notice required by law.”