Understand Know about California Proposition 65 law for Health Protection
What is Proposition 65?
Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.
Exposure to these chemicals may take place when products are acquired or used.
Exposure may also occur in homes, workplaces, or other environments in California.
By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals.
Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.
Proposition 65 requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm.
This list was first published in 1987, and must be updated at least once a year. It now includes over 900 chemicals.
Proposition 65 became law in November 1986, when California voters approved it by a 63-37 percent margin.
The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986.
Businesses are required to provide a "clear and reasonable" warning before knowingly and intentionally exposing anyone to a listed chemical, unless the business can show that the anticipated exposure level will not pose a significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.
This warning can be given in several ways, such as by labeling a consumer product, posting signs at the workplace, distributing notices at a rental housing complex, or publishing notices in a newspaper. The requirement to provide warnings takes effect one year after a chemical is added to the list.
Proposition 65 also prohibits companies that do business within California from knowingly discharging listed chemicals into sources of drinking water. Once a chemical is listed, businesses have 20 months to comply with the discharge prohibition.
What types of chemicals are on the Proposition 65 list?
The list contains a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents.
Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.
What does a warning mean?
If a warning is placed on a product label or posted or distributed at a workplace, a business, or in rental housing, the business issuing the warning is aware or believes that it is exposing individuals to one or more listed chemicals.
By law, a warning must be given for listed chemicals 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.
Informing Californians’ Choices and Reducing Chemical Exposures
Making Informed Choices
Proposition 65 enables Californians to make informed choices about their exposures to listed chemicals.
Although many Californians may primarily associate Proposition 65 with warnings, it has also resulted in businesses removing listed chemicals from their products.
Sometimes this occurs soon after a chemical is listed under Proposition 65.
Other times, businesses remove listed chemicals from their products as a part of the settlement of enforcement actions.
Reformulations can benefit all Californians—and depending on where reformulated products are sold, consumers across the United States and around the world may benefit as well.
Some recent examples include:
In 2022, an Attorney General settlement with an infant and toddler formula manufacturer resulted in a commitment to reduce the levels of lead in its products. Lead can cause cancer and birth defects or other reproductive harm.
In 2019, an Attorney General settlement with a supplement manufacturer resulted in a commitment to reduce the levels of lead in a number of products. Lead can cause cancer and birth defects or other reproductive harm.
In 2016, an Attorney General settlement with a major food manufacturer of Ginger Snap cookies resulted in a commitment to reduce the levels of lead in those products.
In 2014, a settlement with a major checkbook cover manufacturer resulted in a reformulation of vinyl checkbook covers to remove the phthalate DEHP. DEHP can also cause cancer and birth defects or other reproductive harm.
Following the 2011 listing of 4-MEI, a carcinogen found in some caramel coloring, several major soft drink companies reformulated their sodas to reduce levels of the carcinogen in those products.
In 2008, an Attorney General settlement with major processed food manufacturers resulted in the reduction of the carcinogen acrylamide in their potato chips and French fries.
In 2006, an Attorney General settlement with major candy manufacturers resulted in substantially reduced lead content in some types of Mexican candy popular with children.
In 2006, an Attorney General settlement with dozens of major retailers and distributors resulted in reduced lead content in children’s jewelry.
