Clear and Reasonable Warnings. Commencing on or before December 31, 2022 (the compliance date), the Settling Entity shall provide clear and reasonable warnings for all units of the Products offered for sale to California consumers or its customers. Each warning shall be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use.
Clear and Reasonable Warnings. Commencing on or before the Effective Date, B&G shall provide clear and reasonable warnings for all Products provided for sale to customers in California in accordance with this Section pursuant to Title 27 California Code of Regulations § 25600, et seq. Each warning shall be prominently placed with such conspicuousness as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use and shall be provided in a manner such that it is clearly associated with the specific Product to which the warning applies.
Clear and Reasonable Warnings. If Nuzest USA is required to provide a warning pursuant to Section 3.1, the following warning must be utilized (“Warning”): WARNING: Consuming this product can expose you to chemicals including [lead] which is [are] known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx/xxxx. Nuzest USA shall use the phrase “cancer and” in the Warning only if the “Daily Lead Exposure Level” is greater than 15 micrograms of lead as determined pursuant to the quality control methodology set forth in Section 3.4 or if Nuzest USA has reason to believe that another Proposition 65 chemical is present at a level requiring the cancer warning. The Warning shall be printed upon the labels of the Covered Products and it must be set off from other surrounding information and enclosed in a box. Nuzest USA represents that it complied with this warning method, without the phrase “cancer and,” prior to receiving the Notices and it agrees that it shall continue that practice. In addition, for any Covered Product sold over the internet, the Warning shall appear either on the Covered Product’s primary display page or on the checkout page when a California delivery address is indicated for any purchase of any Covered Product. If the Warning appears on the checkout page, an asterisk or other identifying method must be utilized to identify which product on the checkout page is subject to the Warning. The Warning may be provided with a conspicuous hyperlink stating “WARNING” in all capital and bold letters so long as the hyperlink goes directly to a page prominently displaying the Warning without content that detracts from the Warning. Nuzest USA represents that it has added a clearly marked hyperlink using the word “WARNING” on the primary product display pages for the Covered Products. The hyperlink links to the Warning. Except as provided in the next paragraph, below, Nuzest USA shall continue to provide the Warning on labels and for internet sales in accordance with this Section 3.2 after the Effective Date, so long as the Warning is required pursuant to Section 3.1 of this Agreement. The label Warning is not required if: (1) Nuzest USA provides notice and warning materials to the “authorized agent” for a business or retail seller in full compliance with Title 27, Cal Code of Regs., Section 25600.2(b)-(c) (in effect as of the Effective Date of this Agreement); or (2) a packing insert no smaller than 3...
Clear and Reasonable Warnings. 2.2.1 For any Products that are not Reformulated Products, such Products shall be accompanied by a clear and reasonable warning. Xxxxxx shall provide the following warning statements (or other warnings consistent with 27 Cal. Code Regs. § 25601, et seq. operative August 30, 2018, or the applicable regulations governing such warnings) as follows:
Clear and Reasonable Warnings. As of the Effective Date, all Products PetSmart manufactures, imports, distributes, or otherwise acquires for sale in California which do not qualify as Reformulated Products, shall bear a clear and reasonable warning pursuant to this Section. PetSmart further agrees that the warning will be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Products shall consist of a warning affixed directly to the product or product packaging, label, or tag, for Products sold in California and containing one of the following statements: WARNING: Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx OR WARNING: This product can expose you to chemicals, including DEHP, which are known to the State of California to cause birth defects or other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx
Clear and Reasonable Warnings. As of the Effective Date, all Products Big Lots sells and/or distributes for sale in California that do not qualify as Reformulated Products shall bear a clear and reasonable warning pursuant to this Section. Big Lots further agrees that the warning shall be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. A warning affixed directly to the product or product packaging, label or tag, for Products sold in California that contains one of the following statements shall constitute a clear and reasonable warning for purposes of this Settlement Agreement: WARNING: Reproductive Harm- xxx.X00Xxxxxxxx.xx.xxx OR WARNING: This product can expose you to chemicals including lead, which are known to the State of California to cause birth defects and other reproductive harm. For more information go to xxx.X00Xxxxxxxx.xx.xxx. The above warning statements shall also include a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. Where the label 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.”
Clear and Reasonable Warnings. Coda agrees that as of the Effective Date and continuing thereafter, all Products it sells and/or distributes in California (except for those Products already in the stream of commerce, as provided in Section 2.3, below) which do not qualify as Reformulated Products, will bear a clear and reasonable warning pursuant to this Section. Coda further agrees that the warning will be prominently placed with such conspicuousness when compared with other words, statements, designs or devices as to render it likely to be read and understood by an ordinary individual under customary conditions of use. For purposes of this Settlement Agreement, a clear and reasonable warning for the Product shall consist of a warning affixed to the packaging, label, tag, or directly to a Product sold in California and containing one of the following statements: WARNING: This product contains DEHP, a chemical known to the State of California to cause birth defects or other reproductive harm. Or WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects (and other reproductive harm).
Clear and Reasonable Warnings. Within 30 days of the Effective Date, and continuing thereafter, Dynacraft shall provide clear and reasonable health hazard warnings, in accordance with this Section and pursuant to California Health & Safety Code § 25249.5 et seq. and title 27 California Code of Regulations (“Cal. Code Regs.”) § 25600 et seq, as may be amended from time to time, for all Products Dynacraft manufactures, imports, distributes, sells, or offers for sale, in or into California, that do not meet the Reformulation Standard. Each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices, as to render it likely to be read and understood by an ordinary individual under customary conditions prior to purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Product the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Agreement, the following warnings shall be deemed clear and reasonable:
Clear and Reasonable Warnings. If Xxxxx is required to provide a warning pursuant to Section 2.1, one of the following warnings must be utilized ("Warning"):
Clear and Reasonable Warnings. For any Products that are not Reformulated Products, such Products shall be accompanied by a clear and reasonable warning. Xxxxx Xxxxxxxx shall provide a warning statement 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 xxx.X00Xxxxxxxx.xx.xxx. OR WARNING: Cancer and Reproductive Harm – xxx.X00Xxxxxxxx.xx.xxx If Xxxxx Xxxxxxxx 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 Xxxxx Xxxxxxxx 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 Xxxxx Xxxxxxxx provides for a downstream entity to sell on the internet, Xxxxx Xxxxxxxx shall include an instruction that the entity comply with the warning requirements of this section.
