INJUNCTIVE RELIEF: REFORMULATION/WARNINGS Sample Clauses
The Injunctive Relief: Reformulation/Warnings clause allows a court to order a party to take specific actions, such as changing a product's formulation or updating its warnings, to prevent ongoing or future harm. In practice, this clause may be invoked if a product is found to be unsafe or inadequately labeled, requiring the manufacturer to alter the product or its packaging to comply with legal or safety standards. Its core function is to provide a legal mechanism for quickly addressing and remedying potential risks to consumers, thereby reducing liability and protecting public health.
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation/Warning Commitment
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Commitment to Reformulate or Warn
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation/Warning Commitment
2.2 Reformulation Standards
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 The injunctive relief set forth in Section 2 shall not apply to any Products that are already in the stream of commerce as of the Effective Date (which have been taken into account in the assessment of the civil penalty in Section 3.1 below).
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Commitment to Reformulate or Warn
(b) Products that are offered by Omron with a clear and reasonable warning pursuant to
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards
(b) yield a result of non-detect (defined as no more than 25 ppm by weight of lead) for any decorations located in the upper 20 millimeters of a Product, i.e., the “Lip-and-Rim” area, when analyzed pursuant to EPA testing methodologies 3050B and 6010B, or equivalent methodologies used by state and federal agencies to determine lead content in a solid substance; and (c) yield no more than 1.0 microgram of lead on any surface sampled and analyzed pursuant to the NIOSH 9100 testing protocol. If the decoration is tested after it is affixed to the Product, the percentage of the lead by weight must related only to the decorating materials and must not include any quantity attributable to non-decorating material (e.g., ceramic substrate).
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. As of the Effective Date, Dolgen shall, in its sole discretion, either: (i) cease selling, offering for sale or distributing the Products in California; or (ii) manufacture, import, or otherwise source for authorized sale in California only Reformulated Products, as defined pursuant to Section 2.1 below; or (iii) sell, offer for sale, or distribute Products in California that are labeled with a clear and reasonable Proposition 65 warning pursuant to Section 2.2 below. Products that were manufactured for Dolgen, distributed to Dolgen, or supplied to Dolgen up to within 90 days of the Effective Date shall be deemed exempted from the requirements of this Section 2 and shall be permitted to be sold through as previously manufactured, packaged and labeled, as they were included in the calculation if civil penalties.
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. Commencing on the Effective Date, and continuing thereafter, ▇▇▇▇ ▇▇▇▇▇▇ agrees it will only manufacture, import, distribute, sell or offer for sale, in California, Products that are either (a) reformulated to meet the reformulation standard, detailed in Section 2.1, below; or (b) bearing a clear and reasonable health hazard warning, pursuant to Sections 2.2 through 2.3, below.
INJUNCTIVE RELIEF: REFORMULATION/WARNINGS. 2.1 Reformulation Standards
(b) yield no more than 1.0 microgram of lead on any surface sampled and analyzed pursuant to the NIOSH 9100 testing protocol; and (c) yield a result of non-detect (defined as no more than 25 ppm by weight of lead) for any decorations located in the upper 20 millimeters of a Product, i.e., the “Lip-and-Rim” area when analyzed pursuant to EPA testing methodologies 3050B and 6010B, or equivalent methodologies used by state and federal agencies to determine lead content in a solid substance. If the decoration is tested after it is affixed to the Product, the percentage of the lead by weight must relate only to the decorating materials and must not include any quantity attributable to non-decorating material (e.g., glass substrate).