California Proposition 65 Compliance Requirements

What is California Proposition 65?

California Proposition 65, officially called The Safe Drinking Water and Toxic Enforcement Act of 1986, is commonly abbreviated as CA Prop 65. It is a California law that requires businesses to inform consumers about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm.

The list of chemicals was first published in 1987and is updated annually. It now contains over 1,000 chemicals, both naturally occurring and synthetic, such as acrylamide, formaldehyde, arsenic, lead, cadmium, mercury, and certain phthalates.

Product Categories Covered by Proposition 65

Products subject to Proposition 65 include (but are not limited to):

jewelry, toys, electronic devices, glass and ceramic materials, food, clothing, pharmaceuticals, pesticides, dyes, cosmetics, and various materials used in production and construction.

Products Involved in Proposition 65 Testing

Proposition 65 places chemical limitson a wide range of consumer products, including jewelry, apparel, bags, toys, child care products, ceramics, glassware, cookware, bicycles, electrical devices, and cables.

Among these, leadis the most commonly restricted substance.

All products sold in California must comply with Proposition 65 if they fall within a regulated category.

Chemical limits are often determined through settlement agreementsreached in lawsuits filed by consumers or environmental groups alleging toxic chemical content.

Examples of Product Restrictions

Backpacks

- Case No. 112-CV-230462: Phthalates (DEHP, BBP, DBP) ≤ 0.1%

- Case No. 112CV234450: Lead ≤ 100 mg/kg; total surface ≤ 1 µg (surface wipe method)

Clothing, Gloves, Hats

- Case No. CIV1103513: Phthalates (DEHP, BBP, DBP) ≤ 0.1% (in accessible parts)

Shoes

- Case No. CIV1106338: Phthalates (DEHP, BBP, DBP) ≤ 0.1% (in accessible parts)

- Case No. RG-09-459448: Lead ≤ 90 mg/kg in paints and coatings;

PVC ≤ 200 mg/kg;

Leather and other materials ≤ 300 mg/kg;

Materials exempted under 16 CFR 1500.91(d),(e) (except leather).

Cosmetic Bags

- Case No. 112-CV-230462: Phthalates (DEHP, BBP, DBP) ≤ 0.1%

- Case No. CGC-11-516586: Lead ≤ 50 mg/kg (in accessible parts); total surface ≤ 1 µg (surface wipe method)

Belts

- Case No. 11-CV-201061: Lead ≤ 100 mg/kg; total surface ≤ 1 µg (surface wipe method)

- Case No. CIV1103513: Phthalates (DEHP, BBP, DBP) ≤ 0.1% (in accessible parts)

- Case No. RG-09-459448: Lead in paint and coating ≤ 90 mg/kg

Key Settlement Examples Under Proposition 65

Electronics and Electrical Products

1. Computer cooling fans, computer mice, webcams, and speakers: Lead ≤ 100 ppm

2. Portable computer accessories and USB charging cables: Lead ≤ 100 ppm

3. Vinyl plastic desk lamp clamps: DEHP ≤ 1000 ppm (warning label required if exceeded)

Textiles and Fashion Accessories

1. Baby care pads or polyurethane foam-filled products: TDCPP, TDBPP, TCEP ≤ 25 ppm each

2. Children’s foam mats and cushions: Must not contain flame retardants such as TDCPP, TCEP, TCPP, TBB, TBPH, TPP, V6, MDPP, DBPP, TBPP, PentaBDE, OctaBDE, DecaBDE

3. Sunglasses and tablecloths: DEHP ≤ 1000 ppm (warning label required if exceeded)

4. Vinyl shoulder pads: Lead < 100 ppm; NIOSH 9100 standard lead ≤ 1.0 µg; DEHP ≤ 1000 ppm

5. Watch straps and replacement bands: Lead in coatings ≤ 90 ppm; all other materials ≤ 100 ppm

Furniture

1. Vinyl/PVC stools: BBP, DBP, DEHP ≤ 1000 ppm each (warning required if exceeded)

2. Vinyl/PVC benches: DEHP < 1000 ppm

3. Sports and fitness equipment

4. Exercise balls, yoga mats, jump ropes: DEHP < 1000 ppm (warning required if exceeded)

5. Pool table or ping pong table covers: DEHP < 1000 ppm (warning required if exceeded)

6. Table tennis covers: Lead < 50 ppm; NIOSH 9100 standard lead < 1.0 µg; DEHP, DBP, BBP, DIDP, DnHP each < 1000 ppm

Other Products

1. Vinyl/PVC aquarium nets: Lead ≤ 100 ppm; DEHP < 1000 ppm

2. Shower or bathtub anti-slip mats: DEHP ≤ 1000 ppm (warning required if exceeded)

3. Nail clippers: DEHP ≤ 1000 ppm (warning required if exceeded)

4. Peelers, presses, and cutting tools: DEHP ≤ 1000 ppm (warning required if exceeded)

5. Vinyl/PVC tool handles: DEHP ≤ 1000 ppm (warning required if exceeded)

6. Adhesive bandages: DEHP ≤ 1000 ppm

7. Vinyl/PVC book covers: DEHP ≤ 1000 ppm

8. Bottle stoppers: DEHP ≤ 1000 ppm

9. Eyelash curlers and tweezers with handles: BBP, DBP, DEHP ≤ 1000 ppm each; Lead < 90 ppm; NIOSH 9100 lead ≤ 1.0 µg

10. Car dashboard trays, clips, openers, kitchen tools, paper clips, rubber-handled flashlights, knives, suction hooks, measuring tapes, steering wheel covers: Lead ≤ 100 ppm; DEHP < 1000 ppm (warning required if exceeded)

11. Photo frames: Lead ≤ 100 ppm

12. Vinyl flooring: BBP < 1000 ppm

Warning Labels

Proposition 65 requires California businesses to notify consumersif their products contain regulated chemicals in significant amounts.

A typical warning label reads:

> ⚠️ WARNING:This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm.

California law now requires warnings to include:

- The specific chemical name(s)involved

- Instructionson how to avoid or minimize exposure

- A link to the official OEHHA websitewith more detailed information

How to Meet California Proposition 65 Requirements

To ensure compliance with CA Prop 65:

1. Identify all product ingredientsand compare them against the Proposition 65 chemical list.

2. Assess exposure routesand evaluate potential risk levels.

- These two steps help assess over 1,000 regulated chemicals.

3. Determine relevant case settlementsbased on product type and test for the required hazardous substances.

- Case numbers are typically specified by the client.