Court Name:
Alameda County Superior Court
Plaintiff:
Environmental Health Advocates, Inc.
Injunctive Relief:
Beginning on the Effective Date, and continuing thereafter, Znder shall not sell in California, or distribute for sale in California, the Product, 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 the Product into California or to sell the Products to a distributor Znder knows will sell the Product in California. Znder 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 Product the warning applies, so as to minimize the risk of consumer confusion. The warning statement shall be prominently displayed on the Product, on the packaging of the Product, 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 Product’s 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 Product’s 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 Znder where the Product is sold into California. The injunctive requirements of Section 2 shall not apply to Product that is already in the stream of commerce as the Effective Date, which Product is expressly subject to the releases provided in Section 4.1