Compliance

California Proposition 65

California law requiring warnings on products that expose consumers to listed chemicals above defined levels.

Aliases: Prop 65, Proposition 65, Safe Drinking Water and Toxic Enforcement Act, 加州65号提案

The statute

Proposition 65, formally the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to give a clear and reasonable warning before knowingly exposing consumers to chemicals listed by the state as causing cancer, birth defects or other reproductive harm. The list is maintained by the Office of Environmental Health Hazard Assessment and is updated, typically adding chemicals each year.

The list now runs to roughly a thousand entries, including lead, cadmium, di-2-ethylhexyl phthalate, bisphenol A in some contexts, and many process chemicals.

When a warning is required

A warning is required unless the exposure is below the applicable safe harbour level, or the business can demonstrate that the exposure would not exceed those levels. Safe harbour levels exist for many listed chemicals, expressed as maximum daily exposure or as concentration limits for specific product types.

In practice, testing against those levels is expensive for a long-tail catalogue, so many sellers choose warning labels instead of proving exposure is low.

The warning itself

A compliant warning names at least one listed chemical and states the type of harm. The short-form warning was historically permitted with the phrase for cancer and reproductive harm, but amendments applicable from 1 January 2025 require the short-form warning to name a specific chemical and include a truncated web address. Products labelled under the older rules benefit from a defined sell-through period.

Warnings must also be given for online sales, typically by including the warning in the listing content before purchase.

Enforcement

Proposition 65 is enforced mainly through private actions, with civil penalties per violation and plaintiff attorney fees recoverable. The volume of 60-day notices, the pre-litigation mechanism, makes this one of the more active areas for consumer product claims in the United States.

Interaction with other rules

Prop 65 is independent of CPSC compliance and of the Children's Product Certificate framework, though the same product may need all three. Substance information collected for REACH can support the exposure assessment, and UFLPA supply chain tracing often reveals the lead or phthalate content that triggers a warning.

Practical control

Build a component-level substance test for the materials with known exposure routes: soft plastics, painted surfaces, cables, jewellery, and any component that contacts food. Then decide per SKU between a warning label and a safe harbour justification, and record the decision.

Primary source: California Health and Safety Code, Section 25249.5 et seq.; OEHHA regulations at 27 CCR.

FAQ

Does Proposition 65 apply to all products sold in California?

It applies to products that expose consumers to a listed chemical above the applicable safe harbour level. It is a warning law rather than a product ban.

Is a warning safe to use without testing?

A warning is a compliance route but not a shield from other claims. Some platforms restrict warning content, and a warning does not resolve federal safety certification duties.

What changed in the short-form warning?

Amendments applicable from 1 January 2025 require the short form to name at least one chemical and to include a truncated web address, with a sell-through period for products already labelled.

Do I need a warning for online listings?

Yes. The warning must be provided before the consumer completes the purchase, so the listing content needs it, not only the physical label.

Who can sue under Proposition 65?

Private parties, after serving a 60-day notice on the business and the state. Penalties accrue per violation, which is why notices are often settled before litigation.