What is the CA Prop 65 Warning Label?

What is "California Proposition 65"?

"California Proposition 65", officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a California law that requires warnings to be provided to California consumers when they might be exposed to chemicals known to the State of California to cause cancer or reproductive toxicity. These warnings are intended to help California consumers make informed decisions about the products they use in order to reduce their exposure to these chemicals. Proposition 65 does not ban the manufacture and sale of products containing the listed chemicals, but it requires that a clear and reasonable warning be given to any California consumer exposed to such chemicals.

Which Chemicals Require a Warning Label?

California Proposition 65 requires the State of California to publish a list of chemicals known to cause cancer, birth defects, or other reproductive harm. This list is required to be updated at least once a year. Since it was first published in 1987, the list has grown to include over 900 chemicals. It contains a wide range of naturally occurring and synthetic chemicals, including additives or ingredients in pesticides, common household products, food, drugs, dyes, and solvents.

What Do Sellers Need to Do?

Under the law, if a product sold by a seller contains chemicals listed under Proposition 65, the product must clearly display a warning alerting consumers to the associated risks. This includes displaying the corresponding warning information on the product detail page and, where applicable, affixing the appropriate warning label to the product itself. Failure to provide this warning information may violate California Proposition 65 and could result in penalties from relevant administrative authorities in California. The official channel to look up the listed chemicals is: https://oehha.ca.gov/proposition-65/chemicals.

Sellers are responsible for proactively displaying any required Proposition 65 warning notices on their products and product display pages. If any circumstances change—such as new chemicals being added to the Proposition 65 list, the use of new chemicals in a product, or a new type of exposure—you must update your compliance information within 60 days of becoming aware of these changes.

Requirements for Warning Labels

The relevant regulations also stipulate that the warning information for consumer products must state that using the product "can expose" you to a chemical listed under Proposition 65. At a minimum, the warning must include:

• A warning symbol consisting of a black exclamation point inside a yellow equilateral triangle (download warning symbol);

• The word "WARNING" in all capital letters and bold print;

• The full name of the listed Proposition 65 chemical for which the warning is being provided;

• If the consumer information for a product is provided in a language other than English, the warning must also be provided in that language in addition to the English warning.

Please note: For online shopping, the warning information must be displayed on the product display page, or provided via a hyperlink clearly marked with the word "WARNING", or otherwise prominently displayed to the buyer before the purchase is completed. The short-form "On Product" warning can only be selected if the appropriate warning label is already affixed to the physical product itself. The URL for the Proposition 65 warnings website is www.P65Warnings.ca.gov.

For specific types of exposures, there are additional requirements regarding the method and content of the warning, and you must use the specified warning to meet these requirements.

Examples of Warning Labels

• Example of a California Proposition 65 Warning Label

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• Example of a Physical Product Image with a California Proposition 65 Warning

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• Example of a California Proposition 65 Warning Displayed on a Product Detail Page