60 Day Notice 2021-02374

Beginning thirty (30) days after the Effective Date, GJF shall be permanently enjoined from manufacturing, distributing, or directly selling in the State of California, any Covered Product that expose a person to a “Daily Lead Exposure Level” of more than 0.5 micrograms of lead per day unless such Covered Products comply with the warning requirements of Section 2.2. The “Daily Lead Exposure Level” shall be calculated by multiplying the recommended serving size in Covered Products by the concentration of lead in Covered Products. As used in this Section 2, “distributed for sale in California” means to directly ship Covered Products into California or to sell Covered Products to a distributor GJF knows will sell Covered Products in California. For Covered Products that contain lead in a concentration exceeding the “Daily Exposure Level” of .5 micrograms set forth in section 2.1 above, and which are manufactured and packaged for distribution for authorized sale or use in California on or after the Effective Date, GJF shall provide one of the following warning statements. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of GJF where Covered Products are sold into California. GJF shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products. The warning shall be provided to California consumers in a manner that complies with 27 C.C.R. § 25602(b). Specifically, for internet purchases, a warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. Notwithstanding anything else in this Consent Judgment, the Covered Products that are manufactured on or prior to the Effective Date shall be subject to release of liability pursuant to this Consent Judgment, without regard to when such Covered Products were, or are in the future, distributed or sold to customers. As a result, the obligation of GJF, or any Releasees (if applicable), do not apply to these Covered Products manufactured on or prior to the Effective Date.

Beginning 30 days after the Effective Date, for Covered Products manufactures and packaged for authroized sale or use in California, on or after the Effective Date, GJF shall be permanently enjoined from manufacturing, distributing selling in the State of California, any Covered Product that expose a person to a "Daily Lead Exposure Level" of more than 0.5 micrograms of lead per day unless such Covered Products comply with the warning requirements of Section 2.2. As used in this Section 2, “distributed for sale in California” means to directly ship Covered Products into California or to sell Covered Products to a distributor GJF knows will sell Covered Products in California. For Covered Products that contain lead in a concentration exceeding the “Daily Exposure Level” of .5 micrograms set forth in section 2.1 above, and which are manufactured and packaged for distribution for authorized sale or use in California on or after the Effective Date, GJF shall provide one of the following warning statements. This warning statement shall be prominently displayed on the Covered Products, on the packing of the Covered Products, or on a placard, shelf tag, or sign provided that the statement 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 prior to sale. If the warning statement is displayed on the Covered Products’ packaging, it must be in a type size no smaller than the largest type size used for other consumer information on the product. In no case shall a warning statement displayed on the Covered Products’ packaging appear in a type size smaller than 6-point type. The same warning shall be posted on any websites under the exclusive control of GJF where Covered Products are sold into California. GJF shall instruct any third-party website to which it sells its Covered Products to include the same warning as a condition of selling the Covered Products. The warning shall be provided to California consumers in a manner that complies with 27 C.C.R. § 25602(b). Specifically, for internet purchases, a warning must also be provided by including either the warning or a clearly marked hyperlink using the word "WARNING" on the product display page, or by otherwise prominently displaying the warning to the purchaser prior to completing the purchase.