Overview;
Proposition 65, also known as the "Safe Drinking Water and Toxic Enforcement Act of 1986," was enacted in November 1986. Its purpose is to protect California residents and the state's drinking water sources by ensuring that water supplies are free from substances known to cause cancer, birth defects, or other reproductive harm, and by notifying residents when such substances are present in products. The Proposition 65 list of regulated substances is issued and updated quarterly by OEHHA, with the first publication in 1987. Products sold in California must comply with Proposition 65.
The inventory is updated at least annually; currently, over 960 chemical substances are listed.
Which consumer goods have been involved in litigation?
Limit Standards
California Proposition 65 governs and assesses whether specific products contain toxic substances based on the outcomes of similar court cases. It is not recommended to test all 960+ chemicals listed for a single product, as it is nearly impossible for a product to contain all the chemicals on the list. The types and limit requirements for a specific product's regulation are to be determined by the judgments in similar case outcomes, such as when a company is sued and loses in court due to a component containing lead in its product; the court will then set a limit, which will serve as the lead content limit for similar product components in the future.
For different products and materials, the controlled chemicals and limit requirements vary.
The California Proposition 65 cases require the following: See the table below.
Must affix a warning label in a prominent location on the product if no California Proposition 65 testing is conducted.
Exporting products to California without complying with the CA65 standard testing can cause incalculable damage to manufacturers. Your products will be ignored and lose the market. If your products somehow enter the market without a visible warning label, they will face legal action, heavy fines, and even criminal detention upon discovery.
Warning Statements
The Act prohibits anyone from exposing users to harmful substances during the operation without first providing warnings about the known carcinogenic or reproductive toxicity of substances contained in the product. Any company with more than 10 employees or those selling products to California must affix clear and reasonable warning labels on products containing known carcinogenic or reproductive toxic chemicals. This warning must clearly inform the public about the carcinogenic and reproductive toxicity of the chemical substance, allowing consumers to make an informed decision about purchasing the product after learning about the chemical contents.
Warnings can be presented in various forms, such as directly on product labels, through postings at work sites, in retail stores, distributing notices, or by printing in newspapers and magazines. Once a chemical is listed, the company must complete the warning implementation within 12 months.
Consumer products containing known carcinogens, and any goods sold in California that release carcinogenic or reprotoxic chemicals, must be accompanied by:
"WARNING：This product contains a chemical known to the State of California to cause cancer."
Warning: This product contains chemicals known to the State of California to cause cancer.
Chemical substances known to harm the reproductive system must be accompanied by:
"WARNING：This product can expose you to a chemical [or chemicals] known to the State of California to cause cancer and birth defects or other reproductive harm. "
(Warning: This product contains chemicals known to the State of California to cause reproductive harm.)
