Warning Option. Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to Products that are manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by Empire in the State of California. No Proposition 65 warning shall be required for any Products that are supplied or contracted to be supplied to third parties by Empire prior to 6 months after the Effective Date, and all such Products are hereby deemed to be exempt from Proposition 65 enforcement.
Warning Option. Covered Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning shall only be required as to Covered Products that are sold or shipped out to consumers, retailers, or distributors after the Effective Date. No Proposition 65 warning for DEHP shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
Warning Option. Products that do not meet the Reformulation Standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to Products that are manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by Xxxxxxx in the State of California.
Warning Option. Covered Products that do not meet the Reformulation Standard set forth in Section 2.1 above and which are newly put into MICHAELS’ inventory after the Effective Date shall be accompanied by a warning as described in Section 2.3 below. This warning shall only be required as to new Covered Products to the extent that they are sold or offered for sale to consumers in in the State of California. No Proposition 65 warning for DEHP shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
Warning Option. Covered Products that do not meet the warning exemption standard set forth in Paragraph 2.1 of this Settlement Agreement shall be accompanied by a warning as described in Paragraph 2.3 of this Settlement Agreement. This warning shall only be required as to Covered Products that are sold or shipped out to consumers, retailers, or distributors after the Effective Date. No Proposition 65 warning for DEHP shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date.
Warning Option. Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning requirement shall only be required as to Products that are manufactured, distributed, marketed, imported, sold, shipped for sale or offered for sale to consumers by Blue Chip in the State of California. No Proposition 65 warning shall be required for any Products that are supplied or contracted to be supplied to third parties by Blue Chip prior to 6 months after the Effective Date, and all such Products are hereby deemed to be exempt from Proposition 65 enforcement.
Warning Option. The sale of any Covered Products that do not meet the Reformulation Standard set forth in Section 2.1 above, shall be accompanied by a warning as described in Section 2.3 below. This warning shall only be required as to Covered Products that are sold or shipped out to consumers, retailers, distributors or any Downstream Parties after the Warning Date. No Proposition 65 warning for DEHP shall be required as to any Covered Products prior to the Warning Date.
Warning Option. Covered Products that do not meet the warning exemption standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section 2.3 below. This warning shall only be required as to Covered Products that are sold or shipped out to consumers, retailers, or distributors in California after 60 days from the Effective Date. No Proposition 65 warning for DEHP shall be required as to any Covered Products that are already in the stream of commerce as of sixty days after the Effective Date.
Warning Option. Commencing on or before the Compliance Date, Covered Products that Artisan Tropic Distributes in California that do not meet the Reformulation Option standard set forth in Section 2.1 above shall be accompanied by a warning as described in Section
Warning Option. After November 15, 2015, as an alternative to meeting the Lead Limits of Section 3.2, Xxxxxx-Xxxxx may purchase, import, Manufacture or sell a Covered Product that will be sold or offered for sale to California consumers provided that such Covered Product has a Clear and Reasonable Warning that complies with the provisions of this Section 3.3. A Clear and Reasonable Warning may only be provided for Covered Products that Xxxxxx-Xxxxx reasonably believes do not meet the Lead Limits. Notwithstanding this Section 3.3, Xxxxxx-Xxxxx shall utilize good faith efforts to achieve reformulation of the Covered Products to reduce the Lead levels so that all Covered Products meet the Lead Limits as soon as possible.
