Common use of Labeling Changes Clause in Contracts

Labeling Changes. Without admitting wrongdoing or liability and solely to avoid the cost and disruption of further litigation, Perrigo agrees that for a period of twenty four (24) months commencing nine (9) months after the Effective Date, Perrigo will (i) include the language “individual results may vary” on the labels of the Covered Products and/or any other Perrigo- manufactured glucosamine and/or chondroitin products offered for resale, and (ii) will remove references to “rebuilding,” “renewing” “regrowing,” “growing,” “adding” or “regenerating” cartilage on the labels of the Covered Products and any other Perrigo-manufactured glucosamine and/or chondroitin products offered for resale. (a) The labeling changes described in this Paragraph are not an admission by Defendants regarding the claims in the Litigation or the propriety of statements used or omitted on other versions of the packaging of the Covered Products. (b) Perrigo shall have nine (9) months from the Effective Date to begin shipping Covered Products with labels and/or packaging that conform to the terms of the Settlement. (c) Neither Perrigo nor any of the Retailers nor any Person in the chain of distribution of the Covered Products shall be required to recall, remove from shelves or pull from distribution or inventory any Covered Products that have been shipped by Perrigo prior to the date commencing nine (9) months after the Effective Date. (d) If, after the date of Final Approval, Perrigo becomes aware of additional evidence substantiating that the Covered Products rebuild, renew, regrow, grow, add to or regenerate cartilage, Perrigo may seek the agreement of Settlement Class Counsel to modify Paragraph 10 of the Settlement Agreement. If the Parties are not able to agree, Perrigo may seek relief from the Court.