Table of Contents
What Is Proposition 65?
California Proposition 65 (CA Prop 65), also known as the Safe Drinking Water and Toxic Enforcement Act, was enacted in 1986. This proposition requires businesses to provide warning labels on products that contain chemicals known to cause cancer, birth defects, or other reproductive harm.
Prop 65 mandates that businesses must provide "clear and reasonable" warnings before exposing individuals to listed chemicals. These include over 1,000 chemicals regulated by the Office of Environmental Health Hazard Assessment (OEHHA). It applies to:
- Products sold in California
- Workplaces
- Public spaces
Read more: Overview of California Prop 65 Compliance
<br>What do Proposition 65 warning labels look like?
Proposition 65 warning labels are required to be prominently displayed on any product that contains a chemical known to cause cancer, birth defects, or other reproductive harm.
Proposition 65 warning product label must include:
- The word “WARNING” in bold caps
- A yellow triangle with a black exclamation mark
- The name of at least one listed chemical
- The specific risk (e.g., cancer, reproductive harm)
Short-form warnings may be used in limited cases, but new OEHHA amendments require chemical identification by Jan 1, 2025.
Example of proposition 65 warning label:
New Prop 65 Short Form Warning Labeling Rules (2025 Onward)
As of 2025, all short-form Prop 65 labels must:
- Identify at least one chemical
- Specify the risk (e.g., “Exposure to lead may cause reproductive harm”)
- Be updated by Jan 1, 2028 (transition period in place) Learn more: Latest Updates to Prop 65 Short Form Labels
Example of short form proposition 65 warning label:
Consumer goods sold online must meet the requirements outlined above and include a short-form or full warning on the product or label, as well as a warning to the consumer on the website before the consumer completes the purchase.
Proposition 65 and the Electronics Industry
Electronic products are particularly impacted by Prop 65 due to the presence of substances like:
- Lead (in soldering components)
- Cadmium (in batteries)
- DEHP and other phthalates (in cable sheathing)
Manufacturers and importers of electronics must:
- Assess product-level exposure
- Include warnings on physical products and
- Provide warnings online before purchase
Explore more: Prop 65 Labeling Requirements for Electronics
<be>Online Sales & Multilingual Labeling
If selling online, you must provide:
- Warnings on the product or packaging
- Warnings before checkout on the website
If any part of your label is in a foreign language, the Prop 65 warning must also be translated.
<br>When Must a Business Provide a Prop 65 Warning in a Language Other Than English?
When a consumer product sign, label or shelf tag used to provide a warning includes consumer information in a language other than English, the warning must also be provided in that language and English. Facilities that offer signs in languages other than English must also offer any necessary warnings in other languages.
What are the consequences of not providing Proposition 65 warning labels?
Legal action may be taken against companies that fail to put warning labels on goods that contain substances known to cause cancer, birth defects, or other reproductive harm. Businesses that do not adhere to the proposition's requirements may be sued by customers under Proposition 65. Additionally, failure to provide warning labels by businesses may result in penalties and fines. Proposition 65 can be enforced by the California Attorney General's Office, which has the power to fine violators up to $2,500 per day.
Implications for Manufacturers
For manufacturers using short-form warnings, this change represents a significant shift. The days of simply purchasing generic labels without verifying supply chain data are over. Moving forward, companies must identify the specific substances in their products and confirm whether they appear on the OEHHA list. Verified supply chain data will be essential for compliance.
Compliance Deadlines
The new labeling requirements will take effect on January 1, 2025, with a three-year transition period. By January 1, 2028, any product manufactured and labeled must comply with the updated rules. Products labeled before this date under the old short-form requirements can remain in the market without modification.
Given the complexity of sourcing supply chain data, redesigning labels, and updating manufacturing processes, businesses are encouraged to start preparations early. Transitioning to the new requirements could take a year or longer, making 2025 a critical time to begin the switchover to ensure compliance by the 2028 deadline.
What are the Next Steps for Proposition 65 Compliance
To align with the revised short-form warning requirements, manufacturers need to address the following:
- Identify substances in your products
- Understand the composition of parts used in your products
- Determine if any substances are listed by OEHHA as carcinogens or reproductive toxicants
Without a robust supply chain management program, gaining visibility into this data can be a challenge. Manually gathering information—through emails, phone calls, and spreadsheets—is not only time-consuming but also costly and prone to errors.
Adopting a platform-based approach can streamline this process. A solution like Acquis compliance software automates Proposition 65 surveys, analyzes supplier data, and flags substances listed by OEHHA. Our platform is continuously updated to reflect regulatory changes, ensuring you stay compliant with the latest requirements, including updates to the OEHHA substance list.
Once you’ve collected the necessary data, you can confidently determine which specific chemicals and associated risks to disclose on your product labels.
Looking for more insights on navigating the new rule?
<br>Check out Our California Proposition 65 eBook: The Complete Guide to California Proposition 65.
This comprehensive guide includes the latest updates and expert advice to help you meet compliance requirements effectively.
