Understanding California Proposition 65: A Comprehensive Guide to Compliance

What Is California Proposition 65

California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted in November 1986. It aims to protect California’s drinking water sources from contamination by chemicals known to cause cancer, birth defects, or other reproductive harm, and require businesses to provide clear warnings about such chemicals in their products.

Proposition 65 Chemical List

Proposition 65 list contains a wide range of naturally occurring and synthetic chemicals that are listed for cancer or reproductive harm, or both. Since its first publication in 1987, the Proposition 65 chemical list has grown to include over 1,000 substances, including:

• Pesticides
• Food and drug ingredients
• Household cleaning agents
• Solvents and industrial chemicals
• Additives and dyes used in consumer products

The list is maintained and updated at least once a year by the California Office of Environmental Health Hazard Assessment (OEHHA).

How to Search the Proposition 65 List?

REACH24H’s global chemical database tool, CHEMCHECK, enables users to search the Proposition 65 list. For substances not listed, it is advisable to seek further consultation and conduct a more detailed assessment..

Compliance Requirements

Products sold or distributed in California must comply with the following:

• Prohibits companies that do business within California from knowingly discharging listed chemicals into sources of drinking water. 
• Companies are required to provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a listed chemical, unless the business can show that the anticipated exposure level will not pose a significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.

Example of a Proposition 65 Warning Label

WARNING: This product can expose you to chemicals including [Chemical Name], which is known to the State of California to cause cancer. For more information, go to Proposition 65 Warnings website.

Legal Risks and Enforcement

If a business is found to be in violation of Proposition 65, a court may order the business to stop committing the violation. The business is also subject to civil penalties of up to $2,500 per day for each violation.

Enforcement is primarily carried out through civil lawsuits, which can be initiated by:

• The California Attorney General’s Office 
• Any district attorney or city attorney (for cities whose population exceeds 750,000)
• Any private parties or organizations acting in the public interest, when they :
  • Issue a 60-day notice of violation to the business, Attorney General, the appropriate district attorney and city attorney
  • The Attorney General, district attorney or city attorney has not taken action.
  • Provide adequate information about the alleged violation and comply with the requirements specified in the regulations.

Receiving a 60-day notice may pose serious legal and reputational risks. Businesses are strongly advised to consult a defense attorney and develop an appropriate response strategy.

Our Services: Helping You Stay Compliant

REACH24H provides full-spectrum California Proposition 65 compliance support, helping businesses minimize risk and ensure lawful access to the California market:

• Proposition 65 Regulatory Consultation
• Warning Label Design and Review
• 60-Day Notice Consulting

Want to ensure your products are Proposition 65-compliant?
Contact REACH24H today for a consultation and protect your market access in California.