Prop 65 FAQ

Navigating environmental regulations is essential for businesses in today’s complex marketplace. California’s Proposition 65 (Prop 65 FAQ) stands out as one of the nation’s most stringent consumer protection laws. It mandates that companies provide clear warnings about potential exposures to chemicals known to cause cancer, birth defects, or reproductive harm.

General Prop 65 FAQ

What is Proposition 65 (Prop 65)?

Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a California law designed to protect consumers and workers from exposure to hazardous chemicals. Specifically, the law mandates that businesses must provide clear and reasonable warnings before exposing individuals to chemicals known to cause:

Cancer
Birth defects
Other reproductive harm

Furthermore, Prop 65 applies to all consumer products, workplaces, and environmental exposures in California, affecting manufacturers, distributors, and retailers worldwide if their products are sold in the state.

Who Governs and Enforces Prop 65?

Administration: The California Office of Environmental Health Hazard Assessment (OEHHA) maintains the Prop 65 chemical list and sets safe exposure levels.

Enforcement: While the California Attorney General’s Office has primary enforcement authority, but private citizens, advocacy groups, and “bounty hunter” law firms can also file lawsuits.

Penalties: As a result, non-compliant businesses face fines of up to $2,500 per violation per day, in addition to legal fees.

Prop 65 FAQ - Scope

What Chemicals Are Listed Under Prop 65?

The Prop 65 list includes over 900 chemicals, with updates made annually. For instance, common categories include:

Heavy Metals

Lead (causes developmental toxicity)
Cadmium (cancer, kidney damage)
Mercury (reproductive harm)

Plasticizers & Additives

Bisphenol A (BPA) (endocrine disruption)
Phthalates (DEHP, DBP, BBP, DIDP, DINP) (reproductive toxicity)

Flame Retardants

PBDEs (linked to neurodevelopmental issues)
Tris(1,3-dichloro-2-propyl) phosphate (TDCPP)

Food & Cosmetic Contaminants

Acrylamide (found in fried foods)
Formaldehyde (used in cosmetics and adhesives)

Industrial Solvents & Byproducts

Benzene (gasoline, tobacco smoke)
Perchloroethylene (PERC) (dry-cleaning chemicals)

Moreover, businesses must routinely check the OEHHA’s updated chemical list to ensure compliance.

Which Products Require Prop 65 Warnings? - Prop 65 FAQ

Nearly any product sold in California may require a warning if it contains listed chemicals above safe harbor levels. Common examples include:

Product Category	Examples of Affected Items
Electronics	Phones, laptops, cables (lead, cadmium)
Toys & Children’s Products	Plastics, jewelry (phthalates, lead)
Food & Beverages	Coffee (acrylamide), canned goods (BPA)
Cosmetics	Nail polish (formaldehyde), perfumes (phthalates)
Furniture & Textiles	Couches (flame retardants), dyes (heavy metals)
Automotive Parts	Brake pads (lead, cadmium), lubricants
Building Materials	Paints, PVC pipes (phthalates, lead)

Even trace amounts of listed chemicals may trigger warning requirements.

What Must a Compliant Prop 65 Warning Include?

Since August 2018, Proposition 65 warnings must meet strict formatting and content rules. A legally compliant warning must include:

1. Mandatory Elements

Signal Word:

“WARNING” in ALL CAPS and bold
Most prominent text in the warning

Warning Symbol (⚠️) for consumer products:

Black exclamation point in a yellow triangle
Minimum 5mm height (or smaller if space is limited)
Placed to the left of the text

Exact Warning Text:

“This product can expose you to [chemical name], which is known to the State of California to cause [cancer/birth defects or other reproductive harm].”
General warnings (if no chemical is named):
“The product can expose you to chemicals including [example chemical], which is…”

2. Placement Rules

Consumer products: Label, packaging, or shelf tag
Online sales: Visible before checkout
Workplaces: Posted in employee areas
Environmental exposures: Entry-point sign

3. Special Cases

Food: Requires specific cancer/reproductive toxin language
Alcohol: Unique warning wording
Furniture with foam: Must mention flame retardants

Example Warning Label:

WARNING: This product contains cadmium, a chemical 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.

Note: Warnings must be “clear and reasonable”—easily visible and understandable to consumers. Many lawsuits target poor placement or hard-to-read text!

Are There Exemptions to Prop 65 Warnings? - Prop 65 FAQ

Yes, but businesses must prove:

1. No Significant Risk Exposure (NSRL/MADL Compliance)

For carcinogens: Exposure is below the No Significant Risk Level (NSRL) (e.g., less than 1 in 100,000 cancer risk over 70 years).
Regarding reproductive toxins: Exposure is below the Maximum Allowable Dose Level (MADL) (1/1000th of the “no observable effect” level).

2. Federal Preemption

In some cases, chemicals (e.g., pesticides) are regulated by federal agencies like the EPA, exempting them from Prop 65.

3. Small Business Exemption

Companies with fewer than 10 employees are exempt.

4. Naturally Occurring Chemicals

Chemicals naturally present in food (e.g., acrylamide in roasted coffee) may not require warnings.

How Does Prop 65 Compare to RoHS, REACH, and Other Regulations?

Regulation	Scope	Key Differences from Prop 65
Prop 65 (California)	Requires warning labels for chemical exposure	Focuses on consumer awareness, not bans
RoHS (EU)	Restricts 10 hazardous substances in electronics	Prop 65 covers 900+ chemicals beyond electronics
REACH (EU)	Requires registration & risk assessment of chemicals	Prop 65 is warning-based, not a registration system
CPSIA (USA)	Limits lead & phthalates in children’s products	Prop 65 applies to all consumer goods, not just kids’ items

A RoHS-compliant product may still need Prop 65 warnings if it contains other listed chemicals.

Prop 65 FAQ - Across the Globe

How Do Businesses Test for Prop 65 Compliance?

To ensure compliance, businesses typically follow a structured approach:

Identify Listed Chemicals in Products
Start by reviewing Safety Data Sheets (SDS) from suppliers. When information is incomplete, lab testing methods—such as XRF, ICP-MS, or GC-MS—can help detect the presence of listed chemicals.
Calculate Exposure Levels
Once chemicals are identified, assess the daily exposure based on potential ingestion, inhalation, or dermal contact. This step is crucial to determine whether the product exceeds the established No Significant Risk Levels (NSRLs) or Maximum Allowable Dose Levels (MADLs).
Implement Warnings or Reformulate
If exposure levels surpass safe harbor thresholds, businesses must either provide Prop 65 warnings or reformulate products to eliminate or reduce listed chemicals. When feasible, replacing hazardous substances with safer alternatives reduces both risk and liability.

What Are the Penalties for Non-Compliance? - Prop 65 FAQ

Civil fines: Up to $2,500 per violation per day.
Legal fees: Private enforcers (bounty hunters) can sue and claim 25% of penalties.
Product recalls or reformulations may be required.

For example, in 2022, a major retailer paid $1.8 million in settlements for failing to warn about phthalates in cosmetics.

How Can Businesses Ensure Compliance?

Begin by regularly testing products for Prop 65 chemicals.
Next, require supplier compliance certificates.
Use third-party compliance services for risk assessment.
It’s also crucial to train your staff on Prop 65 requirements.

Conclusion - Prop 65 FAQ

Prop 65 is a critical regulation for any business selling products in California, requiring clear warnings about chemical exposures linked to cancer, birth defects, or reproductive harm. Understanding its scope, warning requirements, and compliance procedures can help your business avoid costly penalties and lawsuits.

Contact Enviropass to learn more about Prop 65 and how to assess your products against it.