60 Day Notice 2020-02126

INJUNCTIVE RELIEF. 4.1. Beginning no later than the Compliance Date, Defendant shall not produce, distribute, and/or sell in California any Covered Product containing more than 0.5 micrograms per Serving of lead without first providing the warning statement as specified in Paragraph 4.3, pursuant to the methods specified in Paragraphs 4.4 - 4.9 below. 4.2. Warning Statement. Beginning no later than the Compliance Date, all Covered Products produced, distributed, and/or sold by Defendant in the State of California shall use the following “Warning Statement:” WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food. Consistent with Title 27, Article 6, § 25603 of the California Code of Regulations, in all instances where the Warning Statement appears, the warning text shall be displayed in at least the same type size as the surrounding text for other consumer information concerning the Covered Products and accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline (“Warning Symbol”). Consistent with Title 27, Article 6, § 25607.1, where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The Warning 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.” 4.3. Internet Sales; Frontier Website. Beginning no later than the Compliance Date, Defendant shall ensure that, for all Covered Products sold to customers located in California via the Frontier Website, Defendant shall prominently display the Warning Statement set forth in Paragraph 4.2 to purchasers before completion of purchase(s). The Warning Statement set forth in Paragraph 4.2 shall be displayed (a) using a clearly marked hyperlink with the word “WARNING” on the product display page as set forth in 27 CCR § 25602(b); (b) on the product display page without requiring the purchaser to seek out the warning by scrolling as set forth in 27 CCR § 25602(a)(2); or (c) by prominently displaying the warning to the purchaser prior to completing the purchase as set forth in 27 CCR § 25602(b). 4.3.1. Defendants shall not include any information with the Warning Statement that contradicts, obfuscates, or minimizes the meaning of the Warning Statement. 4.3.2 Any changes to the text, format, or placement of the statements that do not comply with this Section 4 shall be made only after a written request for approval from Plaintiff. Plaintiff shall respond to such request for approval within thirty days. Any dispute arising with respect to whether Defendant’s changes comply with Section 4 of the Consent Judgment shall be subject to the provisions of Section 8 of this Consent Judgment. Any agreed upon modifications shall be made pursuant to paragraph 7 below. 4.4. Internet Sales; Online Marketplace. Beginning no later than the Effective Date, Defendant shall, for all Covered Products sold to customers located in California via the Amazon Website or any other internet marketplace or retail platform, provide the Warning Statement in Paragraph 4.2, directly on the initial product display page or by hyperlink such that the Warning Statement is visible on the initial product display screen without scrolling on a full screen monitor or by providing the warning otherwise prior to purchase. 4.5. Mail Order /Catalogue Sales: If Defendant sells the Covered Products via mail order to customers located in California, Defendant shall prominently display the Warning Statement (set forth in Paragraph 4.2) in the mail order catalogue in compliance with California Code of Regulations, Title 27, Article 6 § 25602(c), either on the same page as a Covered Product is displayed, or on the same page upon which any of the Covered Products’ prices are listed, in the same type size as the surrounding, non-heading text. The Warning Statement shall be added no later than in the first print run of the mail order catalogue on or after the Effective Date. 4.6. In-Store Retail Sales: If Defendant sells the Covered Products via stores or other physical outlets, Defendant shall prominently affix the Warning Statement (set forth in Paragraph 4.2) on the Covered Product’s label. 4.6.1. The Warning Statement shall be displayed with such conspicuousness, as compared with other words, statements, designs, or devices on the individual labeling of the Covered Products, so as to render the Warning Statement likely to be read and understood by an ordinary individual under customary conditions of purchase and use. 4.7. Other Sales: Should Defendant become aware of any Retailer or retail Seller selling the Covered Products through in-store retail outlets, mail catalogues, and/or the internet without a Warning Statement compliant with Section 4.2, and 4.4.3 if applicable, Defendant shall, in writing, require that the seller comply with all applicable requirements of this Section 4 within sixty (60) days of receiving notice.

4. INJUNCTIVE RELIEF. 4.1. Beginning no later than the Compliance Date, Defendant shall not produce, distribute, and/or sell in California any Covered Product containing more than 0.5 micrograms per Serving of lead without first providing the warning statement as specified in Paragraph 4.3, pursuant to the methods specified in Paragraphs 4.4 - 4.9 below. 4.2. Warning Statement. Beginning no later than the Compliance Date, all Covered Products produced, distributed, and/or sold by Defendant in the State of California shall use the following “Warning Statement:” WARNING: Consuming this product can expose you to chemicals including lead, which is known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food. Consistent with Title 27, Article 6, § 25603 of the California Code of Regulations, in all instances where the Warning Statement appears, the warning text shall be displayed in at least the same type size as the surrounding text for other consumer information concerning the Covered Products and accompanied by a symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline (“Warning Symbol”). Consistent with Title 27, Article 6, § 25607.1, where the warning is provided on the food product label, it must be set off from other surrounding information, enclosed in a box. The Warning 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.” 4.3. Internet Sales; Frontier Website. Beginning no later than the Compliance Date, Defendant shall ensure that, for all Covered Products sold to customers located in California via the Frontier Website, Defendant shall prominently display the Warning Statement set forth in Paragraph 4.2 to purchasers before completion of purchase(s). The Warning Statement set forth in Paragraph 4.2 shall be displayed (a) using a clearly marked hyperlink with the word “WARNING” on the product display page as set forth in 27 CCR § 25602(b); (b) on the product display page without requiring the purchaser to seek out the warning by scrolling as set forth in 27 CCR § 25602(a)(2); or (c) by prominently displaying the warning to the purchaser prior to completing the purchase as set forth in 27 CCR § 25602(b). 4.3.1. Defendants shall not include any information with the Warning Statement that contradicts, obfuscates, or minimizes the meaning of the Warning Statement. 4.3.2 Any changes to the text, format, or placement of the statements that do not comply with this Section 4 shall be made only after a written request for approval from Plaintiff. Plaintiff shall respond to such request for approval within thirty days. Any dispute arising with respect to whether Defendant’s changes comply with Section 4 of the Consent Judgment shall be subject to the provisions of Section 8 of this Consent Judgment. Any agreed upon modifications shall be made pursuant to paragraph 7 below. 4.4. Internet Sales; Online Marketplace. Beginning no later than the Effective Date, Defendant shall, for all Covered Products sold to customers located in California via the Amazon Website or any other internet marketplace or retail platform, provide the Warning Statement in Paragraph 4.2, directly on the initial product display page or by hyperlink such that the Warning Statement is visible on the initial product display screen without scrolling on a full screen monitor or by providing the warning otherwise prior to purchase. 4.5. Mail Order /Catalogue Sales: If Defendant sells the Covered Products via mail order to customers located in California, Defendant shall prominently display the Warning Statement (set forth in Paragraph 4.2) in the mail order catalogue in compliance with California Code of Regulations, Title 27, Article 6 § 25602(c), either on the same page as a Covered Product is displayed, or on the same page upon which any of the Covered Products’ prices are listed, in the same type size as the surrounding, non-heading text. The Warning Statement shall be added no later than in the first print run of the mail order catalogue on or after the Effective Date. 4.6. In-Store Retail Sales: If Defendant sells the Covered Products via stores or other physical outlets, Defendant shall prominently affix the Warning Statement (set forth in Paragraph 4.2) on the Covered Product’s label. 4.6.1. The Warning Statement shall be displayed with such conspicuousness, as compared with other words, statements, designs, or devices on the individual labeling of the Covered Products, so as to render the Warning Statement likely to be read and understood by an ordinary individual under customary conditions of purchase and use. 4.7. Other Sales: Should Defendant become aware of any Retailer or retail Seller selling the Covered Products through in-store retail outlets, mail catalogues, and/or the internet without a Warning Statement compliant with Section 4.2, and 4.4.3 if applicable, Defendant shall, in writing, require that the seller comply with all applicable requirements of this Section 4 within sixty (60) days of receiving notice.

Frontier will not produce, distribute, and/or sell in California any Covered Product containing more than 0.5 micrograms (“µg”) per Serving of lead without first providing a warming statement in a form approved of by the Office of Environmental Health Hazard Assessment (“OEHHA”). If Frontier begins selling a Covered Product as a supplement, it will specifically label the product as a “dietary supplement” and label the serving size in a commonly known measure, i.e. in “quarter, half, or full teaspoon increments” or provide a spoon or scoop for the applicable serving size. Reformulation. Company has the option of avoiding warning requirements by reducing the lead levels in the Covered Products such that they are below the MADL. Testing protocols: in the event Defendant reformulates any of the Covered Products testing must be conducted on at least three (3) samples of the Covered Products (in the form intended for sale to the end-user) from three (3) different lots (or from the maximum number of lots available for testing if there are fewer than three (3) lots available), on two (2) separate occasions. Further, such testing must be conducted by a certified third-party laboratory, using widely accepted EPA methods and protocols.