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As part of our promise to keep you informed, we have a wealth of information about compliance available right here on our website. Find articles, case studies, and answer your frequently asked questions right here.

Prop 65 Plaintiffs Targeting Leather Goods

Prop 65 Plaintiffs Targeting Leather Goods

For Businesses selling to California Consumers generally and the Leather Goods industry in particular this is another example of why Prop 65 Compliance via a fully implemented P65 WARNINGS program can be much less expensive when done before the Notices of Violation start flying.

What is a Prop 65 60-Day Notice of Violation?

What is a Prop 65 60-Day Notice of Violation?

The 60-day Notice of Violation is a legally required formal communication sent by an Attorney General for a community larger than 750,000 people or a Private Enforcer of Prop 65 that a lawsuit for Failure to Warn of exposure to one or more Prop 65 listed chemicals...

What Are the Required Prop 65 Warnings for Consumer Products?

What Are the Required Prop 65 Warnings for Consumer Products?

The content of the warning should include: Warning symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline and the word WARNING in bold type For exposures to listed carcinogens/reproductive toxicants, the words, “This...

How Does Prop 65 Affect Consumer Products?

How Does Prop 65 Affect Consumer Products?

Products that expose individuals to listed chemicals must contain a ‘Prop 65 warning’. Businesses making and selling products in California that fail to comply with this rule are liable to civil penalties of $2,500 per day for each violation. Therefore, the most...

Who Enforces Proposition 65?

Who Enforces Proposition 65?

It is enforced by the California Attorney General's Office, and also district attorneys, city attorneys (with a population exceeding 750,000), and, if no attorney’s office has taken action, individuals acting in the public interest. Individuals act by filing a lawsuit...

How Do You Determine if a Prop 65 Warning Label is Needed?

How Do You Determine if a Prop 65 Warning Label is Needed?

Commonly known as a ‘Prop 65 warning’, it must be applied to any product containing a listed chemical, unless the level of exposure is below the regulatory safe harbor level. Firstly, check whether the chemical is listed and, if it is, whether the level in the product...

What Should a Business Do if There is No Safe Harbor Level?

What Should a Business Do if There is No Safe Harbor Level?

Where the OEHHA has not defined a NSRL or MADL, businesses should provide a ‘Prop 65 warning’. Businesses can be exempt if they can show that the anticipated exposure level will not pose a significant risk of cancer or reproductive harm. Stakeholders should refer to...

What Are the Prop 65 Safe Harbor Levels For Listed Chemicals?

What Are the Prop 65 Safe Harbor Levels For Listed Chemicals?

The OEHHA has established over 300 safe harbor levels. These include: No Significant Risk Levels (NSRLs) for cancer-causing chemicals Maximum Allowable Dose Levels (MADLs) for chemicals causing reproductive toxicity As noted previously, a safe harbor level is a daily...

What Does the Term Safe Harbor Mean Within Prop 65 Laws?

What Does the Term Safe Harbor Mean Within Prop 65 Laws?

The original Act, the subsequent legislative, bureaucratic, court and State Attorney General interpretations, additions and changes along with the OEHHA now use two distinct terms of art with respect to the term ‘Safe Harbor’. The first refers to the generic warnings...

Who is Responsible for Providing Prop 65 Warnings?

Who is Responsible for Providing Prop 65 Warnings?

Since the regulatory changes were finalized August 2017 for implementation in August of 2018, the primary responsibility is on product manufacturers, producers, packagers, importers, suppliers and/or distributors. For consumer product exposures, businesses in the...

Are There Exemptions to Prop 65?

Are There Exemptions to Prop 65?

Yes, these include: Governmental agencies and public water utilities Businesses with nine or fewer employees Exposures that pose no significant risk of cancer Exposures that will produce no observable reproductive effect at 1,000 times the level in question Exposures...

What Were the Original Requirements of Prop 65?

What Were the Original Requirements of Prop 65?

The State is required to maintain and publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. The list is administered by the Office of Environmental Health Hazard Assessment (OEHHA) and is updated at least once a year. First...

What Was the Original California Proposition 65?

What Was the Original California Proposition 65?

Prop 65 was originally a 1986 California voter initiative known as California’s Safe Drinking Water and Toxic Enforcement Act of 1986 and was intended to protect citizens and sources of drinking water from harmful chemicals. Prop 65 is a ‘right-to-know’ statute that...

What kinds of Chemicals are listed under Prop 65?

What kinds of Chemicals are listed under Prop 65?

As noted previously the number and kinds of chemicals included by the OEHHA is expanded every year. Currently there are well over 900 chemicals on the OEHHA list. One way to assess risk is to look at what chemicals in what types of products are triggering the Notice...

What are Prop 65 Grace Periods?

What are Prop 65 Grace Periods?

There are two types of grace period applicable to businesses. The first is that the new labeling requirements apply to products manufactured after August 30, 2018. However, a company has to be sure that its products have a clear date of manufacture or production and...

How have Prop 65 Warnings Changed?

How have Prop 65 Warnings Changed?

Under the earlier interpretation, before August 2018, the required clear and reasonable notice operated by creating a “Safe-Harbor” warning along the lines of: WARNING: This product contains a chemical known to the State of California to cause cancer. WARNING: This...

What is Prop 65?

What is Prop 65?

California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (usually referred to as “Proposition 65”, or “Prop 65”) has been expanded over its 32 years to include 900+ chemicals, and as of August 30, 2018 now requires far more specific and readily visible...

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