If your product can end up in California, whether through a US distributor or Amazon, Proposition 65 applies. Businesses with 10 or more employees must give a clear and reasonable warning before exposing consumers to chemicals on the Prop 65 list, such as lead, certain phthalates (DEHP), BPA or cadmium. Missing warnings lead to 60-day notices from private enforcers and settlements. Global Approbation helps you test, decide whether a warning is needed, and label correctly.
Prop 65 at a Glance
| Law | Safe Drinking Water and Toxic Enforcement Act of 1986 (California), administered by OEHHA |
|---|---|
| Who must comply | Businesses with 10 or more employees selling into California. Obligations flow up the supply chain to manufacturers and importers. |
| What is required | A clear and reasonable warning before exposure to listed chemicals, unless exposure is below safe-harbor levels |
| Short-form warning changes | Amended short-form warnings (which must name at least one listed chemical) became available on 1 January 2025; the old short form can be used until 1 January 2028, and products labelled before then can continue to be sold |
| Enforcement | Mostly by private enforcers through 60-day notices; civil penalties of up to US$2,500 per violation per day |
High-Risk Product Categories
- Cables, cords and PVC products (lead, DEHP)
- Brass fittings, faucets and hardware (lead)
- Jewellery and accessories (lead, cadmium)
- Leather goods and footwear (chromium VI)
- Ceramics and tableware (lead)
- Tools and hand-held products
- Furniture and textiles
- Spices and food products
How Global Approbation Handles Prop 65
- Risk screen. Materials reviewed against the current Prop 65 list; high-risk components identified.
- Testing. Targeted lab testing for lead, phthalates and other relevant chemicals.
- Warning decision. Reformulate, stay below safe-harbor levels, or warn, based on test results.
- Label & online warnings. Safe-harbor warning text for product, packaging and online listings, updated for the new short form.
- Documentation. Test reports and supplier declarations kept to defend against 60-day notices.
Your EU RoHS & REACH Data Helps
If you already hold RoHS and REACH test data for Europe, much of it (lead, phthalates, cadmium) is directly useful for a Prop 65 assessment, which can save testing costs.
Prop 65: Frequently Asked Questions
Does Prop 65 apply if I sell to a US distributor, not directly to California?
Often yes. If the product may reach California consumers, your distributor or retailer will usually require Prop 65 compliance or warnings from you as the manufacturer.
Is a Prop 65 warning an admission that my product is unsafe?
No. It means the product may expose consumers to a listed chemical above safe-harbor levels. Many businesses choose to reformulate so that no warning is needed.
What changed with the new short-form warnings?
From 1 January 2025, the short-form warning must name at least one listed chemical. The previous short form may be used until 1 January 2028, and products labelled before then can continue to be sold.
What is a 60-day notice?
A notice of violation sent by a private enforcer or regulator. After 60 days, a lawsuit can be filed if the matter isn’t resolved. Good test data and correct warnings are the best defence.
Regulations, standards and deadlines change. Scope, testing route and timelines are confirmed product by product after our applicability review. Global Approbation is a consultancy and does not itself issue certificates; approvals are granted by the relevant authority, accredited laboratory or certification body.