Understanding Prop 65: What You Need To Know
- Yakup Sari, Esq.
- 3 days ago
- 5 min read
Prop 65 (officially the Safe Drinking Water and Toxic Enforcement Act of 1986) was approved by California voters in 1986.
The law serves two main purposes:
To protect California’s drinking water sources from contamination by chemicals known to cause cancer or reproductive harm.
To require businesses to provide a “clear and reasonable warning” before knowingly exposing consumers to any of those listed chemicals unless exposure is below certain “safe harbor” thresholds.
The list managed by California Office of Environmental Health Hazard Assessment (OEHHA) currently contains hundreds of chemicals, spanning pesticides, household products, food, dyes, and more.
This means that many products from toys and clothing to food, electronics, automotive parts, etc. could be subject to Prop 65. It is important to mention here that the Compliance isn’t optional for businesses selling (or distributing) in California.
In short: Prop 65 was designed to inform consumers and reduce harmful exposures but its implications for manufacturers, retailers, and online sellers are extensive and often complex.
Recent Regulatory Changes : What’s New as of 2025
If you are a business (manufacturer, retailer, importer) or involved in product compliance, the past couple of years have brought important changes.
Short-form Warnings: More Detailed & More Mandatory
On November 26, 2024, the regulatory amendments to Prop 65 “safe harbor” warning methods were approved.
The amendments officially take effect January 1, 2025, but businesses are given a three-year transition period meaning products labeled before Jan 1, 2028 may still use the old short-form warnings.
The biggest change: short-form warnings must now include at least one chemical name for each applicable risk end point (cancer and/or reproductive toxicity). Previously, naming a chemical was only required for long-form warnings.
Additional updates:
Brands now have more flexibility with the “signal word” that they can use “WARNING,” “CA WARNING,” or “CALIFORNIA WARNING.”
The short-form warning can be used on any label size (removing some prior label-size restrictions), as long as the text is at least 6-point font and “conspicuous.”
Short-form warnings may now be used for food products, which previously had more constrained warning methods.
For online retailers, the regulation clarifies that warnings must be accessible either directly on the product display page or via a clearly visible hyperlink not hidden deep in the website.
Compliance Timeline & Transition Grace Periods
Although the new rules are “in effect” starting Jan 1, 2025, there is a three-year “safe harbor” transition window. That gives many businesses time to update packaging, labels, online listings, etc.
Online retailers also get a 60-day grace period (after receiving a notice from a manufacturer) to update warnings on their sites.
After Jan 1, 2028, any new products (or relabeled ones) must use the new short-form format with chemical names.
Consequences for Businesses
The requirement to name at least one chemical means companies can no longer rely on generic or overly broad warnings. They must identify specific chemicals that triggered the warning which may require chemical testing, supply-chain review, or reformulation.
For products already “warning-labelled” for litigation avoidance (rather than actual known risk), these changes could impose additional burden and liability.
Risk of enforcement or lawsuits is likely to rise, especially for online sellers or companies that fail to update labels by the 2028 deadline.
Practical Advice: How to Deal with Prop 65 Notices & Compliance
Here’s a recommended roadmap for companies and a checklist for consumers.
A: For Businesses (Manufacturers / Retailers / Importers / E-commerce Sellers):
Audit your product portfolio.
Identify which products could contain chemicals on the Prop 65 list (refer to the latest list maintained by OEHHA).
If uncertain, consider lab-testing or obtaining supply-chain chemical data to verify the presence and level of listed chemicals.
Update labels and warnings.
Design or revise product labels to include at least one chemical name for each risk end point (cancer/reproductive) whenever a warning is required.
Use allowed signal words (“WARNING,” “CA WARNING,” or “CALIFORNIA WARNING”) and ensure the text is at least 6-point font and clearly visible.
For online sales: ensure warnings appear on the product display page not just buried deep in product manuals or footers. Optionally include a hyperlink to the required warning page.
Document your compliance effort.
Keep records of testing results, supply-chain disclosures, reformulation decisions.
If using “safe harbor” thresholds (e.g., chemical below no significant risk / allowable dose), document the analysis and calculations.
If necessary then reformulate or mitigate risk.
If a product contains a listed chemical at levels requiring a warning, consider alternative materials or manufacturing processes. That may eliminate the need for a warning and reduce liability.
Monitor regulatory updates regularly.
The list of covered chemicals changes (chemicals are added or sometimes re-evaluated for endpoints) e.g., effective January 3, 2025, Vinyl Acetate was added as a carcinogen.
Subscribe to updates from OEHHA or set up internal compliance monitoring.
B: For Consumers (Especially in/Buying from California):
Take warnings seriously but also know what they mean. A Prop 65 “WARNING” indicates that a chemical known under state law might be present, but not necessarily that the product is unsafe under typical use. Prop 65 triggers at relatively low exposure thresholds.
Check for chemical identification. Under the new rules, short-form warnings must name at least one chemical. That gives you better information that you can search the chemical in public databases (like OEHHA’s) and make informed decisions.
When shopping online especially from third-party sellers always verify warnings carefully. Since online sellers must display warnings in conspicuous ways, you assess risk (or choose alternatives) before exposure.
Consider alternatives. If you’re concerned about exposures (especially frequent or long-term), consider products labeled “Prop 65-free,” or those that explicitly state they avoid certain listed chemicals.
Why These Changes Are Significant: The Bigger Picture
The amendments aim to increase transparency and consumer information: by forcing naming of specific chemicals, warnings become more meaningful.
They also address a longstanding criticism of Prop 65: the overuse of vague, blanket warnings as a litigation shield “just to be safe.” The new requirement discourages that by making businesses actually assess chemical presence before warning.
For businesses, the changes signal a shift from “check-the-box compliance” to substantive chemical safety responsibility. This could drive more testing, safer product design, and more accountability.
For consumers, it means ideally better information and more empowered choices.
Conclusion: Prop 65 Is Not Going Away- It’s Evolving
Prop 65 has been around for decades, but its enforcement and warnings regime just got a major update. For businesses that want to operate in (or ship to) California, the message is clear: take Prop 65 seriously, audit thoroughly, and implement compliant warnings now and don’t wait until 2028. For consumers, the changes make warnings more transparent but also make it worth paying attention and, if concerned, making informed choices.
Whether you’re a manufacturer, retailer, or shopper; understanding and responding to Prop 65 is no longer optional.
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