California Proposition 65
California Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986, which requires businesses to warn Californians before exposing them to chemicals the state lists as causing cancer or reproductive harm.
What it requires
Businesses with 10 or more employees must give clear and reasonable warnings for exposures to more than 900 listed chemicals unless exposure is below safe harbor levels. For online sales, the warning must appear on the product page or before purchase, as well as on the product. Amendments effective 1 January 2025 require short-form warnings to name at least one chemical, mandatory for products made or labeled from 1 January 2028. Private enforcers can sue after 60 days notice, with penalties up to 2,500 dollars per violation per day.
Why it matters
Prop 65 is one of the most litigated product rules for e-commerce sellers shipping to California, and online listings are a common target. A seller needs the warning both on the product or label and on the web page before checkout, and marketplaces often require sellers to declare warnings. For example, a brand selling vinyl phone cases or ceramic mugs that contain lead or phthalates through Shopify and Amazon should add warnings to listings and labels, or test below safe harbor levels, before notices from private enforcers arrive.
Related laws
Sources
- OEHHA: Proposition 65 oehha.ca.gov
- Proposition 65 Warnings website p65warnings.ca.gov
Not legal advice.