If your business is selling products in California, understanding and complying with Proposition 65 is not just good practice – it’s a legal imperative. Officially known as the Safe Drinking Water and Toxic Enforcement Act, this unique California law empowers consumers with information about potential exposure to certain chemicals.
Failing to act within the guidelines outlined in Proposition 65 can have disastrous consequences – that’s why we’ve assembled this helpful guide to ensure your business can comply with confidence.
What is California Proposition 65?
Enacted in 1986, California Proposition 65 (or Prop 65) has two main goals: to prevent the contamination of California’s drinking water with chemicals known to cause cancer, birth defects, or other reproductive harm, and to require businesses to provide “clear and reasonable” warnings when their products, workplaces, or environments expose individuals to these listed chemicals.
The proposition is implemented and monitored by The Office of Environmental Health Hazard Assessment (OEHHA), who maintain and regularly update a list of chemicals known to the state to cause cancer or reproductive toxicity. This list has grown to include over 1,000 chemicals since its inception.
What Prop 65 Covers
Proposition 65 applies to a vast array of consumer goods, including but not limited to:
- Food and Beverages (i.e due to certain heavy metals and pesticides)
- Electronics and Electrical Products and Jewelry and Accessories (due to substances such as lead, phthalates, cadmium etc)
- Apparel and Textiles (due to substances including flame retardants and formaldehyde)
- Furniture and Household Items (due to certain wood dusts or upholstery chemicals)
- Cosmetics and Personal Care Products (as a result of specific ingredients such as parabens and formaldehyde-releasing preservatives)
Building materials, automotive components and toys can also be affected by the legislation.
It is crucial to understand that Prop 65 is an exposure law, not a content law; therefore, a warning is required if a product can expose a consumer to a listed chemical above safe harbor levels, even if the chemical is only present in trace amounts.
Key Requirements for Warning Labels
Label Content
For businesses, the most common way to comply with Proposition 65 is by providing a “clear and reasonable” warning label. The regulations governing these warnings have been updated over the years, with the most significant changes becoming effective in 2018.
There are generally two types of “safe harbor” warnings: a standard (long-form) warning and a short-form warning.
Long-form warnings typically include a symbol, clear wording, and a description with identification of potentially harmful chemicals and the specific health effects they may cause. There should also be a link to the Proposition 65 website.
The short-form warning is permitted for products where the longer warning may not fit easily. As of January 1, 2025, new rules for short-form warnings require them to include at least one chemical name corresponding to each risk endpoint (cancer and/or reproductive harm).
Label Format
Beyond the content, specific formatting and display requirements ensure the warning is conspicuous and easily understood. The warning should be clear and legible, visible to customers prior to purchase, and be written in all languages provided in the product’s consumer information.
According to official guidelines, the warning must be displayed with “such conspicuousness as compared with other words, statements, designs or devices on the label, labeling, or sign, as to render the warning likely to be seen, read, and understood by an ordinary individual under customary conditions of purchase or use.”
You can download label templates here.
Why Prop 65 Compliance is Important
The consequences of non-compliance with Proposition 65 can be severe. Failure to comply can result in civil penalties, lawsuits or product recalls, not to mention causing potentially unsalvageable damage to your brand’s reputation.
Ultimately, compliance is not just about avoiding penalties; it’s about protecting consumers, fostering transparency, and maintaining a strong reputation in the California market.
Ensure Your Compliance with HQTS
Navigating the intricacies of California Proposition 65, from identifying listed chemicals in your products to implementing proper warning labels across various sales channels, can be a complex and time-consuming endeavour. The ever-evolving list of chemicals and warning requirements adds another layer of challenge.
This is where expert support becomes invaluable. HQTS offers comprehensive product compliance and testing services, including specialized guidance for California Proposition 65. Contact us today and let’s work together to make sure your products align with the legislation.
