60 Day Notice 2021-03082

4.1. After the Effective Date, Defendant shall not sell, distribute, or ship into California any Covered Products unless the Covered Products: (1) meets the reformulation requirements in section 4.2 or (2) are labeled with a Proposition 65 warning as described in Sections 4.3-4.4 below. Compliance with Section 4.1 will constitute compliance by Defendant with all requirements of Proposition 65 relating to DEHP exposure in the Covered Products. 4.2. Reformulation Requirements After the Effective Date, Covered Products must contain no more than 1,000 parts per million (0.1%) in DEHP. In order to determine compliance with this reformulation standard, Defendant may rely on third party testing from an accredited laboratory. 4.3. Warning Option Should Defendant elect to provide a warning, the Covered Products shall be accompanied by a warning as described in Section 4.4, below. No Proposition 65 warning shall be required as to any Covered Products that are already in the stream of commerce as of the Effective Date. 4.4. Warning Language Where required to meet the criteria set forth in Section 3.2, Defendant shall provide one of the following warning statements on, or affixed to the packaging of the Covered Products in a reasonably conspicuous manner. Further the warning shall be affixed to or printed on the Covered Product's packaging or labeling, or on a placard, shelf tag, sign or electronic device or automatic process, providing that the warning is displayed with such conspicuousness, as compared with other words, statements, or designs as to render it likely to be read and understood by an ordinary individual under customary conditions of purchase or use. A warning may be contained in the same section of the packaging, labeling, or instruction booklet that states other safety warnings, if any, concerning the use of the Covered Product and shall be at least the same size as those other safety warnings.: (1) WARNING: The packaging for this product can expose you to chemicals including Di(2-ethylhexyl)phthalate (DEHP), which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov. (2) WARNING: Cancer and Reproductive Harm –www.P65Warnings.ca.gov. The Parties agree that the specifications for warnings in this Consent Judgment comply with Proposition 65 and its regulations as of the date of this Consent Judgment, and with regulations adopted on or about August 30, 2016 and which became effective August 30, 2018. If modifications or amendments to Proposition 65 or its “safe harbor” regulations after the Effective Date are adopted as to what constitutes a “clear and reasonable warning,” Defendant may modify the content and delivery methods of its warnings to conform to the modified or amended provisions of Proposition 65 or its regulations.