Any Covered Products that Defendant may Distribute into the State of California after the Compliance Date shall either (1) comply with the warning requirements of Section 3.2, or (2) meet the reformulation requirements under Section 3.3. 3.2.1. For Covered Products that require a Proposition 65 warning under this Consent Judgment, the warning must follow these requirements: A) Option 1, Long-Form Warning: WARNING: Consuming this product can expose you to chemicals including lead and cadmium, which are 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/food. B) Option 2, Short-Form Warning that can be used for products manufactured and labeled prior to January 1, 2028: The Option 2 Short-Form Warning can be used for products manufactured and labeled prior to January 1, 2028. The font size of this short-form warning must be a minimum of 6 points, and it cannot be smaller than the largest size font used for other consumer information (as defined in 27 Cal. Code Regs. § 25600.1(c) included on the label: WARNING: Cancer and Reproductive Harm – www.P65Warnings.ca.gov C) Option 3, Short -Form Warning compliant after January 1, 2025: WARNING: “Risk of cancer and reproductive harm from exposure to lead and cadmium. See www.P65Warnings.ca.gov/food.” The Option 3 Short-Form Warning can be used before and/or after January 1, 2028. 3.2.2. Warning Method of Transmission 3.2.2.1. The term “WARNING” shall be in bold and capitalized. 3.2.2.2. The warning statement shall be prominently displayed for the Covered Products (1) on the label of the Covered Product, or (2) on a posted sign, shelf tag, or shelf 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. 3.2.2.3. The warning statement on the Covered Product’s label must be set off from other surrounding information and enclosed in a text box. 3.2.2.4. If the warning statement is displayed on a placard, shelf tag, or sign where the Covered Product is offered for sale in a physical store, the warning placard or sign must enable an ordinary individual to determine which Covered Products the warning applies to. 3.2.2.5. Where the Covered Products’ sign or label used to provide a warning includes consumer information about a product in a language other than English, the warning must also be provided in that language in addition to English. 3.2.2.6. For any Covered Product sold by Defendant over the internet, a warning shall be prominently displayed as follows: (a) on the primary display page for the Covered Product; (b) as a clearly marked hyperlink using the word “WARNING” in all capital and bold letters on the Covered Product’s primary display page; (c) on the checkout page or any other page in the checkout process when a California delivery address is indicated for any purchase of any Covered Product and with the warning clearly associated with the Covered Product to indicate that the product is subject to the warning; or (d) by otherwise prominently displaying the warning to the purchaser prior to completing the purchase. If the warning is provided using the short-form warning label content pursuant to Section 3.2.1.B above, the warning provided on the website may use the same content. For Defendant’s internet/online sales, in addition to the online warning described above, Defendant must also ensure a warning meeting the requirements of Section 3.2.1(A) appears on the label or packaging of the Covered Product. 3.3. Reformulated Covered Products; Testing 3.3.1. Beginning as of the Compliance Date, Defendant shall not sell in the State of California, or "Distribute into 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 or a “Daily Cadmium Exposure Level” of more than 4.1 micrograms of cadmium per day, unless it meets the warning requirements under Section 3.2 above. 3.3.2. Daily Lead or Cadmium Exposure Level: For purposes of this Consent Judgment only, the "Daily Lead Exposure Level" and “Daily Cadmium Exposure Level” shall be measured in micrograms, and shall be calculated using the following formula: micrograms of each of the Listed Chemicals per gram of product, multiplied by 110 grams of product per serving of the product, multiplied by servings of the product per day, which equals micrograms of lead exposure per day. 3.3.3. For purposes of determining if a warning is required pursuant to Section 3.2 only, the highest concentration of each of the Listed Chemicals of three (3) samples of the Covered Products randomly selected from different lot numbers by Defendant (or from as many lots as are available for testing if there are fewer than three (3)) will be determined. HLF reserves the right to test reformulated products and, if the results are violative of Section 3.3.1, assert any new claims that may arise, subject to the provisions of Section 5, for any Covered Products that are not properly labeled under Proposition 65. 3.3.4. All testing pursuant to this Consent Judgment shall be performed using a laboratory method that complies with the performance and quality control factors appropriate for the method used, including limit of detection, limit of quantification, accuracy, and precision and meets the following criteria: Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) achieving a limit of quantification of less than or equal to 0.010 mg/kg, or any other testing method subsequently agreed upon in writing by the Parties. 3.3.5. All testing pursuant to this Consent Judgment shall be performed by an independent third-party laboratory accredited to perform testing for the Listed Chemicals using the methodology in Section 3.3.4. Testing shall be performed prior to Defendant’s first distribution into California or sale in California of any Covered Product produced or purchased by Defendant after the Compliance Date, and testing shall continue at least once per year for two consecutive years after the Compliance Date. 3.3.6. The requirements of Section 3.3 do not apply to any of the Covered Products for which Defendant has provided a warning as specified in Section 3.2. 3.3.7. For any Covered Products that Defendant has currently in its possession and control as of the Effective Date that do not meet the requirements of Section 3.3.1, Defendant shall not Distribute into the State of California these Covered Products, unless they contain a warning pursuant to Section 3.2.
