In this article
Talk to our experts- Prop 65
- Prop 65, or Proposition 65, is a California law that requires businesses to warn Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. Its official name is the Safe Drinking Water and Toxic Enforcement Act of 1986. It also bars California businesses from knowingly discharging significant amounts of listed chemicals into drinking water sources.
Also called: Proposition 65, Safe Drinking Water and Toxic Enforcement Act of 1986
How it works
California voters approved Proposition 65 in November 1986, and the Office of Environmental Health Hazard Assessment (OEHHA) administers it.
- The list. California must publish a list of chemicals known to cause cancer, birth defects or other reproductive harm, updated at least once a year.
- The warning rule. Businesses must provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical. OEHHA says the requirement takes effect one year after a chemical is added to the list.
- When a warning is needed. A warning must be given unless the exposure is low enough to pose no significant risk of cancer, or is significantly below levels observed to cause birth defects or other reproductive harm.
- Enforcement. The California Attorney General, district attorneys, some city attorneys and any individual acting in the public interest can enforce it. Penalties for failing to provide notices can be as high as $2,500 per violation per day.
This page summarizes the law and its regulations; it is not legal advice.
Who warns in the supply chain
27 CCR 25600.2 splits the job between upstream businesses and the retail seller:
- Upstream businesses. A manufacturer, importer, supplier or distributor, among others, can comply with a warning on the product label or a written notice to the business it sells to. The notice names the product, for example by Universal Product Code, includes the warning materials, including warning language for products sold on the internet, and is renewed annually.
- The retail seller. The retail seller is responsible for placing and maintaining the warning materials it receives, including warnings for products sold over the internet. It owns the warning itself in set cases, such as selling under its own brand or not displaying a warning it was sent.
- By contract. The parties may allocate responsibility in a written agreement, provided the consumer is warned before exposure.
Online and catalog warnings
For internet purchases, 27 CCR 25602 says the warning must be provided in one or more of these ways:
- On the product display page.
- Through a clearly marked hyperlink on the product display page using the word "WARNING", "CA WARNING" or "CALIFORNIA WARNING", linking to the warning.
- As an otherwise prominently displayed warning before the purchase is completed, not one the buyer must search for in the general content of the website.
For catalog purchases, the warning must appear in the catalog in a way that clearly associates it with the item. The content rules in 27 CCR 25603 include a black exclamation point in a yellow triangle.
Example
A distributor sells a product that needs a warning to an online retailer that ships to California, using the written notice route:
How a Prop 65 warning reaches an online buyer
The manufacturer or distributor sends the seller a notice that identifies the product, such as by UPC, with the warning materials.
The seller's authorized agent confirms receipt of the notice electronically or in writing.
The warning shows on the product display page, through a link marked WARNING, or prominently before the purchase is completed.
The notice is renewed every year that a retail seller sells the product in California.
On Shopify
Shopify lets you add product disclosures to display legally-required warning or safety information for your products. Its examples include a Prop 65 Cancer Warning disclosure with the text "WARNING: Cancer - https://www.P65Warnings.ca.gov", the California Proposition 65 warning symbol, and a link to California Proposition 65.
- Where it shows. Disclosures can show on online store product pages and, when you select Cart, on the cart page, for example when a quick add button skips the product page.
- Where it applies. Each disclosure has a Jurisdictions field for the countries and regions where it must legally be displayed.
Shopify adds that you're responsible for confirming that its provided entries suit your products and business.
How Uncap helps
Uncap's guide to PIM platforms for Shopify notes that B2B product data degrades quickly: part numbers change, specs get updated, regulatory requirements shift. It says the PIM should enforce completeness rules and flag products that are not ready to publish before they go live.
Sources
Frequently asked questions
What does a California Prop 65 item mean?
A Prop 65 warning means the business issuing it is aware or believes that it is exposing individuals to one or more chemicals on California's Proposition 65 list. By law, the warning must be given unless the exposure is low enough to pose no significant risk of cancer, or significantly below levels observed to cause birth defects or other reproductive harm.
Who is exempt from Prop 65?
OEHHA says businesses with fewer than 10 employees and government agencies are exempt from Proposition 65's warning requirements and its prohibition on discharges into drinking water sources. Businesses are also exempt when the exposures they cause are so low as to create no significant risk of cancer or are significantly below levels observed to cause birth defects or other reproductive harm.
Why is Prop 65 warning only in California?
Proposition 65 is a California state law, approved by California voters in November 1986. It requires businesses to provide warnings to Californians, and it is administered by California's Office of Environmental Health Hazard Assessment (OEHHA).
