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For electronics manufacturers selling into California, understanding what counts as exposure under Proposition 65 isn’t just a legal necessity — it’s a critical part of product strategy. While it’s easy to assume that “exposure ” refers only to chemicals leaking or spilling, Prop 65 takes a much broader view.
If your device contains even trace amounts of listed chemicals — and a consumer can come into contact with them under reasonably foreseeable use — you’re likely on the hook for a Prop 65 warning.
What Does “Exposure” Mean Under California Proposition 65?
Under Prop 65, “exposure” refers to any pathway through which a listed chemical enters the body, including:
- Inhalation (e.g. fumes from solder or circuit board coatings)
- Ingestion (e.g. accidental transfer of substances from hand to mouth)
- Dermal absorption (e.g. touching a plastic casing containing phthalates)
And here’s the kicker: It doesn’t matter if your product is sealed or rarely touched. If regulators determine there’s a reasonably foreseeable route of exposure during normal use, maintenance, repair, or disposal — you're responsible.
Real-World Exposure Scenarios for Electronics
Here are examples of how Prop 65 defines exposure in common electronics use cases:
When Is a Prop 65 Warning Required?
A Prop 65 warning is required before exposure occurs, which means manufacturers must:
- Assess the likelihood of exposure through normal or foreseeable use.
- Determine if any listed substances are present in the product or its components.
- Quantify exposure levels (if defending against the need for a warning).
- Issue a clear and compliant warning if thresholds are exceeded or testing isn’t conclusive.
If your exposure levels are below Safe Harbor Limits, you may not need a warning — but the burden of proof lies with you.
Testing & Exposure Assessments: What’s Enough?
Prop 65 doesn’t mandate a specific testing protocol, but enforcement agencies and private plaintiffs expect a rigorous scientific approach. That includes:
- Material declaration review
- Laboratory testing and toxicological assessment
- Exposure modeling or risk assessment reports
- Documentation of use scenarios
If you're relying solely on supplier declarations without verifying exposure potential across product use stages — you’re exposed.
Stay Ahead with Acquis: Exposure Risk Mitigation Made Scalable
Acquis helps electronics manufacturers de-risk Prop 65 exposure issues with a compliance automation platform built for real-world complexity.
We help you:
- Conduct SVHC and Prop 65 chemical screenings
- Automate risk-based exposure assessments
- Manage Safe Harbor evaluation and warnings
- Generate customer-ready Prop 65 documentation
Let us turn complex exposure evaluations into proactive compliance.
Not sure if your electronics products meet Prop 65 exposure thresholds? Let’s find out.
