What is Amazon California Proposition 65?

The product pages of many Amazon sellers display the following notice:

Warning: California's Proposition 65

What Exactly Is California’s Proposition 65, and How Does It Impact Sellers’ Stores?

A Prop 65 label is a clear and reasonable warning affixed to consumer goods. It indicates that the product contains chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, ensuring consumers’ right to informed decision-making.

California Proposition 65, commonly abbreviated as CA65, is also referred to as CP65 Certification or Prop65 Certification. Its official title is the Safe Drinking Water and Toxic Enforcement Act of 1986, which took effect in November 1986.

Prop 65 covers nearly all consumer products in daily life, including textiles, metal products, toys, juvenile products, and electrical/electronic items. For enterprises marketing products in California, USA, compliance with Prop 65 is mandatory. If the levels of hazardous substances in products exceed the exposure thresholds that trigger warnings, a warning label must be affixed.

How to Avoid Violating California Proposition 65?

If your products may contain chemicals listed under Prop 65, you must affix a clear warning label on the product packaging. Failure to label products that require such warnings may result in complaints and platform notifications, leaving sellers with two options:

(1) Option A: Ignore the Issue

This will most likely lead to store suspension eventually.

(2) Option B: Settle with the Plaintiff

This requires payment of attorney fees, various fines, and related costs.

What Are the Common Hazardous Substances Subject to Testing Under California Proposition 65?

The Prop 65 list currently includes nearly 1,000 substances, making full testing of all substances impractical. Supply chain surveys are an effective risk management measure. If supply chain surveys are not feasible, enterprises are advised to:

1. Research relevant cases based on their product categories.

2. Investigate the presence of hazardous substances in their products to verify compliance with the limits specified in litigation cases.

3. Affix warning labels if substance levels exceed the cited limits.

4. For products without relevant case references, prioritize control over substances with high litigation risks, including the following:

①　Lead (Pb)

②　Phthalates

③　Cadmium (Cd)

④　Formaldehyde

Who Is Responsible for Providing Product Warning Labels?

According to regulatory requirements, the primary responsibility for providing product warnings lies with the manufacturers, producers, packagers, importers, suppliers, or distributors of the products.

What Are the Methods for Warning Consumers About Exposure Risks?

Warnings must be displayed via the following means to ensure consumer awareness:

1. Physical Labels/Tags/Signs

Post detailed product warnings on instruction labels, shelf tags, or shelf signs at every product display and sales location.

2. Electronic Display Warnings

Detailed warnings must be displayed automatically before purchase, without requiring buyers to search for them actively.

Requirements for Full Warning Labels

A complete warning label must include:

①　A warning symbol

②　The warning header word "WARNING"

③　Appropriate warning information

Requirements for Short-Form Warning Labels

A concise warning label must comply with regulatory standards and include:

①　A warning symbol

②　The warning header word "WARNING"

③　Appropriate concise warning information

Conclusion

To avoid violating California Proposition 65, enterprises must:

1. Conduct timely testing and evaluation to determine if products contain or release chemicals listed under the regulation, and verify their concentrations.

2. Affix clear warning labels on products where necessary.

Non-compliance may lead to lawsuits filed in California courts, resulting in unforeseeable losses such as product bans, fund freezes, and severe damage to store operations.