Amazon California Prop 65 Warning

Proposition 65, formally known as the "Safe Drinking Water and Toxic Enforcement Act of 1986," is a law aimed at protecting California residents from chemicals known to cause cancer, birth defects, or other reproductive toxicity. The law applies to all products sold in California, including textiles, metals, toys, youth products, and electronic/electrical products.

Consequences of Non-compliance:

Violating Proposition 65 can result in severe consequences, including removal of product listings, TRO lawsuits, sales bans, frozen funds, and store closures. Therefore, it is crucial for cross-border sellers to understand and comply with the requirements of Proposition 65.

Compliance Strategies:

1. Proactively Test Products:

First, proactively test products to determine if they contain chemicals listed under Proposition 65 that require warning labels, and the levels of these chemicals. It is recommended to obtain existing test results from suppliers or conduct product testing at an accredited external laboratory.

2. Label Online Products and Offline Goods/Packaging:

Complete the specific steps for online and offline product compliance, including marking clear warning labels on product packaging, instructions, or sales pages.

3. Choose to Close California Routes:

If there is no intention to comply, consider closing California routes to avoid legal risks associated with Proposition 65 violations.

4. Product Testing Requirements:

If you do not want to label products with a warning, ensure that the product does not contain substances exceeding the Safe Harbor levels. Test the product for volatile organic compounds (VOC) emissions or similar tests to understand the chemical content of the product.

5. Address Potential Legal Risks:

Ensuring that products meet Proposition 65 testing standards not only helps avoid legal risks but also builds consumer trust in the brand. By thoroughly understanding regulatory requirements, conducting comprehensive testing, designing warning labels, implementing continuous compliance management, and addressing potential legal risks, businesses can reduce legal disputes, protect consumer health, and enhance brand reputation.

For sellers needing Proposition 65 product testing, feel free to contact us. We currently offer testing services for California Proposition 65.