California Prop 65 warnings may seem like a recent addition to consumer products, but it is the culmination of a decades-old initiative in California. Proposition 65, aimed at reducing toxic exposure to chemicals known to cause cancer or reproductive harm, was approved by voters in 1986. Warning label requirements were launched in 1988, with new regulations in 2016 that took effect in 2018. As compliance requirements can depend on production dates, company size, and chemical content, it may be confusing to some manufacturers how—and when—to comply.

The list of chemicals requiring a Prop 65 warning has grown to over 900. Any non-government company doing business in California should ensure that they comply with the rules—and whether they are indeed required to apply warning labels to their product(s). But even if you’re not required to comply, it can be beneficial to your customers and even help protect your business in the case of Prop 65 enforcement.

Label Requirement Details

Prior to the 2016 revision, Proposition 65 labels simply needed to state that a product “contains” a chemical (of the 900+ on California’s list) that could expose a consumer to risk. The new requirements use updated language to inform the consumer that the product “can expose you to” a Prop 65 chemical. The new warnings also include:

  • At least one specific chemical necessitating the warning
  • The URL to the Proposition 65 warnings website (www.p65warnings.ca.gov)
  • A yellow triangular warning symbol containing an exclamation mark (), in most cases

For example:

 WARNING: This product can expose you to chemicals including [Prop 65 chemical], which is known to the State of California to cause cancer [or birth defects or reproductive harm]. For more information, go to www.P65Warnings.ca.gov.

 

When to Use a Prop 65 Warning Label—and the New Requirements

The warning is required when a chemical on the Prop 65 list is present, unless below safe harbor levels. Small businesses (with fewer than 10 employees) as well as government agencies may be exempt but should consult with an expert. The new, updated warning requirements are generally required on products manufactured after August 30, 2018.

Learn More

For full details, explore California’s Proposition 65 website, and particularly the page covering the New Proposition 65 Warnings.