60 Day Notice 2021-00593

Beginning on the Effective Date, and continuing thereafter, Brown’s shall not sell in California, or distribute for sale in California, the Covered Products, unless accompanied by warnings provided for in Section 2.2. As used in this Section 2.1, “distribute for sale in California” means to directly ship Covered Products into California or to sell Covered Products to a distributor Brown’s knows will sell Covered Products in California. Brown’s agrees that each warning shall be prominently placed with such conspicuousness, as compared with other words, statements, designs, or devices as to render it likely to be read and understood by an ordinary individual under customary conditions before purchase or use. Each warning shall be provided in a manner such that the consumer or user understands to which specific Covered Products the warning applies, so as to minimize the risk of consumer confusion. For purposes of this Settlement Agreement, a clear and reasonable warning for the Covered Products shall consist of a warning affixed to the packaging, label, tag, or directly to each Covered Products sold in California by Brown's. The warning statement shall be prominently displayed on the Covered Products, on the packaging 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 Brown’s where Covered Products are sold into California.