Learning documents
      Back to home
      1. Help Center
      2. Learning Center
      3. Learning documents

      PROPOSITION 65

      Learn about California's Proposition 65 and how it affects your eCommerce business.

      Skip ahead to

      What is Proposition 65?

      In 1986, California passed the Safe Drinking Water and Toxic Enforcement Act, better known as California Prop 65, to address growing concerns about toxic chemical exposure. The law requires the California Office of Environmental Health Hazard Assessment (OEHHA) to publish a list of chemicals known to cause cancer or reproductive harm. For businesses of ten or more employees selling goods in California, the law also requires that hazard warnings are presented to Californian customers for any products containing chemicals from OEHHA's  list of toxic chemicals. 

      Manufacturers have the main responsibility of complying with Prop 65. Manufactured products may need laboratory testing to determine if any of the regulated chemicals are present above Prop 65's safe harbor levels.
      Additionally, manufacturers with Prop 65 regulated products must place a warning label on the product or provide an authorized agent of the retailer with a written notice that:
      • states that a warning is required. 
      • includes the name, description, or identifying information of the product.
      • includes all necessary warning materials. 

      Manufacturers must then obtain confirmation of receipt, either electronically or in writing. 

      New Warning Requirements 

      New OEHHA regulations went into effect on August 30, 2018, changing the requirements for safe harbor warnings that comply with the law. Warnings created after August 30, 2018 now state that products "can expose you to" a Prop 65 chemical rather than saying the product "contains" the chemical. They also include:

      • The name of at least one listed chemical that prompted the warning. If the warning is for cancer and reproductive harm risk, the warning must specify at least one chemical for the cancer risk and another chemical for reproductive harm risk. 

      • The Internet address for OEHHA’s new Proposition 65 warnings website, www.P65Warnings.ca.gov, which includes additional information on the health effects of listed chemicals and ways to reduce or eliminate exposure to them.

      • A triangular yellow warning symbol Screen Shot 2020-07-07 at 5.02.18 PM on most warnings.

      How Should Warnings Be Displayed? 

      Prop 65 requires manufacturers and retailers to prominently display hazard warnings on product labeling and to customers prior to purchase. A warning is not considered "clear and reasonable" if customers have to search the product to find the warning. 

      For online retailers, the warning must be prominently displayed with the product and on the website's product page prior to customer purchase. 

      Prop 65 warnings must also adhere to the following guidelines: 

      • Font size must be no smaller than the largest size used for other consumer product information, and can be no smaller than 6 point type. 
      • For eCommerce sites, warnings must be presented in every language that the site uses to reach customers. 
      • The word WARNING must be used in bold caps. 
      • The warning must contain the Screen Shot 2020-07-07 at 5.02.18 PM symbol to the left of the word WARNING  in a size no smaller than the height of the word. If yellow is not used as a color elsewhere in product documentation, a black and white symbol is permitted.

      Warning Examples 

      Note: Businesses are not required to use the provided Prop 65 warnings to comply with the law. You may use any alternative warning you believe is "clear and reasonable" as defined by Section 25600(f). However, you must be prepared to defend any alternative warning used if a plaintiff alleges that a clear and reasonable warning was not given. 

      Products Containing Carcinogens

      Image result for exclamation warning yellow WARNING: This product can expose you to [chemical], which is known to the State of California to cause cancer. (For more information go to www.p65warnings.ca.gov)

      Image result for exclamation warning yellow WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.

      Image result for exclamation warning yellow WARNING: Cancer – www.p65warnings.ca.gov

       

      Products Containing Reproductive Toxins

      Image result for exclamation warning yellow WARNING: This product can expose you to [chemical], which is known to the State of California to cause birth defects or other reproductive harm. (For more information go to www.p65warnings.ca.gov)

      Image result for exclamation warning yellow WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.

      Image result for exclamation warning yellow WARNING: Reproductive Harm – www.p65warnings.ca.gov

       

      Products Containing Carcinogens & Reproductive Toxins

      Image result for exclamation warning yellow WARNING: This product can expose you to chemicals including [name of one or more chemicals], which is [are] known to the State of California to cause cancer, and [name of one or more chemicals], which is [are] known to the State of California to cause birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov.
      Image result for exclamation warning yellow WARNING: Cancer and Reproductive Harm – www.p65warnings.ca.gov

      Additional Sources