Common use of INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION Clause in Contracts

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty (120) days after the Effective Date (the “Compliance Date”), Mindful shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession and is no longer under the control of Mindful or its co-packer prior to the Compliance Date and all claims as to such Covered Product are released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty four (1204) days months after the Effective Date (the “Compliance Date”), Mindful VitaHustle shall be permanently enjoined from manufacturing cease offering for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful VitaHustle knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of Mindful or its co-packer VitaHustle prior to the Compliance Effective Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty fifty (120150) days after the Effective Date (the “Compliance Date”), Mindful FWF shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful FWF knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession and is no longer under the control of Mindful FWF or its co-packer prior to the Compliance Date and all claims as to such Covered Product are released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty (120) 120 days after the Effective Date (the “Compliance Date”), Mindful Xxx Xxxx shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day, or a level permissible by Proposition 65 regulation in effect on or after the Effective Date, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful Xxx Xxxx knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of Mindful or its co-packer Xxx Xxxx prior to the Compliance Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated on the label, multiplied by servings of the product per day stated on the label, which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-one hundred and twenty (120) days after the Effective Date (the “Compliance Date”), Mindful Asha shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes expose a person to a “"Daily Lead Exposure Level” " of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful Xxxx knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of Mindful or its co-packer Asha prior to the Compliance Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated (using the largest serving size appearing on the product label), multiplied by servings of the product per day stated (using the largest number of recommended daily servings appearing on the label), which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.

INJUNCTIVE RELIEF: WARNINGS AND REFORMULATION. 2.1 Beginning one-hundred and twenty (120) days after the from Effective Date (the “Compliance Date”), Mindful Tia Xxxxxx shall be permanently enjoined from manufacturing for sale in the State of California, "Distributing into the State of California," or directly selling in the State of California, any Covered Product that exposes expose a person to a “"Daily Lead Exposure Level” " of more than 0.5 micrograms of lead per day, unless it meets the warning requirements under Section 2.2. As used in this Settlement Agreement, the term "Distributing into the State of California" shall mean to directly ship a Covered Product into California for sale in California or to sell a Covered Product to a distributor that Mindful Xxx Xxxxxx knows or has reason to know will sell the Covered Product in California. The injunctive relief in Section 2 does not apply to any Covered Product that has left the possession possession, and is no longer under the control of Mindful or its co-packer Tia Xxxxxx prior to the Compliance Date and all claims as to such Covered Product are is released in this Settlement Agreement. For purposes of this Settlement Agreement, the "Daily Lead Exposure Level" shall be measured in micrograms, and shall be calculated using the following formula: micrograms of lead per gram of product, multiplied by grams of product per serving of the product as stated (using the largest serving size appearing on the product label), multiplied by servings of the product per day stated (using the largest number of recommended daily servings appearing on the label), which equals micrograms of lead exposure per day. If the label contains no recommended daily servings, then the number of recommended daily servings shall be one.