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What You Should Know About California Proposition 65 and Product Compliance

Prop. 65

By Mahgol NikpayamPublished 6 months ago 3 min read

California is known not only for its innovation and environmental leadership but also for its strict safety regulations. One of the most impactful and far-reaching among them is California Proposition 65—officially titled the Safe Drinking Water and Toxic Enforcement Act of 1986.

If your company sells products in California—whether directly or online—understanding and complying with Proposition 65 (Prop 65) is not just wise; it’s legally essential.

What Is California Proposition 65?

Proposition 65 is a right-to-know law. It requires businesses to warn Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. The state maintains a list of chemicals—updated at least once a year—that are known to cause these health effects. As of today, the list includes over 900 substances.

But the purpose isn’t necessarily to ban those chemicals. Rather, it’s to ensure that consumers and workers are informed of their presence in the products or environments they encounter.

Who Needs to Comply?

The rule applies to any company with 10 or more employees that sells products in California, regardless of whether the business is located in or outside the state. This includes:

  • Manufacturers
  • Distributors
  • Retailers
  • Importers

If your product contains any listed substance above the defined safe harbor limits (or no limit is established), then you must provide a clear and reasonable warning.

This obligation can seem daunting, especially given the growing list of substances and the complexity of exposure scenarios. That’s where working with a compliance expert can make all the difference.

What Are Safe Harbor Levels?

To help businesses determine whether a warning is needed, California established safe harbor levels. These include:

  • No Significant Risk Levels (NSRLs) for carcinogens
  • Maximum Allowable Dose Levels (MADLs) for reproductive toxins

If exposure to a chemical stays below these thresholds, no warning is required. However, if no safe harbor level has been established for a listed chemical, you must either:

Provide a warning, or

Perform a qualified risk assessment to demonstrate the product’s safety.

How Should You Label Products?

The most recognized aspect of Prop 65 compliance is the warning label. This can be applied to the product, packaging, website, or catalog. Since 2018, Proposition 65 warnings have had stricter formatting requirements:

A yellow triangle with an exclamation mark

A standard warning phrase such as:

“⚠ WARNING: This product can expose you to [name of chemical], which is known to the State of California to cause [cancer/birth defects/other reproductive harm].”

A link to the California Proposition 65 website for more information.

Failing to follow these requirements can lead to penalties of up to $2,500 per day, per violation. Lawsuits can also be filed by the state or private parties.

What Are the Most Common Chemicals Listed?

Some chemicals frequently flagged in electronics, packaging, and consumer products include:

  • Lead and lead compounds
  • Phthalates (such as DEHP, DBP, and BBP)
  • Cadmium
  • Flame retardants
  • Formaldehyde
  • 1,4-Dioxane
  • Products like cables, solder, batteries, plastic casings, and coatings may contain these substances—even in trace amounts. Therefore, supply chain communication becomes critical.

How Enviropass Can Help

At Enviropass, we specialize in helping businesses navigate Proposition 65 compliance. Our team:

  • Identifies listed substances in your products
  • Evaluates safe harbor levels and exposure scenarios
  • Develops appropriate warnings and labeling strategies
  • Supports supply chain documentation and communication
  • Assists with product testing and risk assessments

We recognize that small and medium-sized businesses may find this law overwhelming, especially when products are sold across different jurisdictions. That’s why Enviropass offers a free initial consultation to assess your needs and help you move toward compliance confidently.

Why Should You Act Now?

Even if you’re not based in California, the state’s laws can still apply to you. Online marketplaces like Amazon often require Prop 65 warnings to be in place for listed products. Moreover, failure to comply can damage your reputation, interrupt sales, or result in costly litigation.

Being proactive not only protects your brand—it demonstrates your commitment to health, transparency, and environmental responsibility.

Final Thought

Whether you're a manufacturer, importer, or retailer, understanding Proposition 65 is vital for anyone selling in the California market. And you don’t have to do it alone. Let Enviropass guide you through the process—so you can focus on delivering safe, compliant, and trustworthy products.

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