As the world’s fifth-largest economy, California is a lucrative market for consumer goods, cosmetics and food and beverage brands.
Success here can make or break your North American expansion strategy. However, selling in the USA requires navigating not only federal regulations but also state-specific laws, such as California's Proposition 65.
With a unique enforcement mechanism that empowers private citizens to file lawsuits, Proposition 65 creates significant liability exposure for unprepared businesses.
Let's examine Prop 65's scope and how to meet its labelling and documentation requirements.
What is California Proposition 65?
California Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to inform consumers about potential exposure to chemicals known to cause cancer, birth defects or reproductive harm.
The law addresses two key concerns:
- Protecting drinking water sources from contamination by harmful chemicals
- Warning consumers about exposure to listed substances before purchase
For companies exporting products to California, the second requirement is particularly important, as you must provide clear and reasonable warnings if your products contain any of over 900 chemicals on the state's regularly updated list.
Which products require Proposition 65 warnings?
Prop 65 applies to an extensive range of consumer goods, including:
- Automotive components
- Building materials
- Clothing and textiles
- Cosmetics and personal care items
- Electronics and electrical products
- Food and beverages
- Furniture and household items
- Jewellery
- Toys and children's products
Common Proposition 65 chemicals by product category
The Proposition 65 list includes over 900 chemicals, but certain substances appear frequently in consumer products. Here are some of the most commonly found chemicals that trigger warning requirements:
Even if your product contains only trace amounts of the listed chemicals, you may still need to provide warnings unless you can demonstrate that exposure levels fall below established safety thresholds (known as "safe harbour levels”).
Who needs to comply with California Proposition 65?
Any business with 10 or more employees selling products in California must comply with Proposition 65, regardless of where the company is based. This includes:
- Manufacturers exporting to California
- Distributors and retailers
- Online sellers shipping to California addresses
- Importers bringing products into California
- Businesses using fulfilment services based in California
Unlike some regulations that only apply to manufacturers, Proposition 65 compliance extends throughout the supply chain. If you're exporting goods that will eventually reach Californian consumers, these requirements affect your business.
Cal Prop 65 warning label requirements
Proposition 65 warnings must be "clear and reasonable," and since 2018, include specific formatting requirements.
Current regulations require a yellow triangle with a black exclamation mark alongside the word "WARNING" in bold, capital letters. The warning must identify at least one listed chemical by name and specify whether it causes cancer, birth defects or reproductive harm.
All warnings must also include the website www.P65Warnings.ca.gov, where consumers can find additional information.
Label placement is equally important. Warnings must be visible to consumers before they make a purchase. This stipulation applies to product packaging, in-store shelf displays, and product pages for online sales, which must appear before checkout is complete.
For products with consumer information in multiple languages, the Proposition 65 warning must be provided in all those languages to ensure all consumers receive the same safety information.
Consequences of non-compliance with Proposition 65
Failing to comply with Proposition 65 can result in serious consequences, including fines of up to £2,500 per day, per violation.
Other ramifications include legal action from the California Attorney General or private enforcers, product seizures, injunctions that prevent further sales, and even exclusion from the California market.
How to ensure Proposition 65 compliance
Many exporters walk a tightrope between over-labelling products (potentially alarming consumers) and risking expensive legal action by missing required warnings.
Developing a systematic approach to Proposition 65 compliance gives your business confidence while protecting your brand reputation. You can start by:
- Identifying chemicals in your products through testing or supply chain documentation
- Comparing against the Proposition 65 chemicals list, which is updated at least once annually
- Determining exposure levels and whether they exceed safe harbour thresholds
- Implementing proper warning labels if needed
- Maintaining compliance documentation to defend against potential challenges
- Monitoring for changes to the Prop 65 chemicals list and warning requirements
Compliance and warning label support from Hooley Brown
Private enforcers generate around 3,000 Prop 65 violation notices each year. Many of these target overseas manufacturers who are unfamiliar with California’s exacting documentation and labelling standards.
As compliance specialists, Hooley Brown can assess your products against Proposition 65 legislation to prevent compliance failures.
We can also support your company’s compliance with other U.S. product laws, including both state-specific requirements and federal legislation.
With the right partnership, you can navigate Proposition 65 and other regulatory requirements efficiently and effectively.
Contact our team today to learn how we can support your U.S. export strategy.
This guide provides general information on California Proposition 65. For advice specific to your products, please email hello@hooleybrown.com.
This article was published in May 2025. Regulations can change. Always verify current requirements and seek professional advice for specific situations.
