United States · Chemicals

California Proposition 65 Warning in the United States

A practical guide to California Proposition 65 Warning for chemicals sold in the United States: who it applies to, what to prepare, and the mistakes that cause rejection.

Who needs it

Consumer products sold in California that expose users to listed chemicals; Food, supplements, and cosmetics containing listed substances

Authority

California Office of Environmental Health Hazard Assessment (OEHHA)

Legal basis

California Safe Drinking Water and Toxic Enforcement Act of 1986

Local representative

No representative is required; the seller or manufacturer is responsible

Timeline

Warnings must be in place before the product is sold in California

Cost

Exposure assessment and labelling costs vary by product

If you do not comply

Civil penalties per violation per day, plus attorney fees

Who needs this

Consumer products sold in California that expose users to listed chemicals
Food, supplements, and cosmetics containing listed substances

Documents you need

Chemical screening or exposure assessment
Warning label artwork and placement plan
Supplier declarations for components and materials

Compliance checklist

Tick each item as you collect it. Saved in this browser only.

Chemical screening or exposure assessment
Warning label artwork and placement plan
Supplier declarations for components and materials

How to comply

Screen the product against the Proposition 65 list
Assess the exposure route and level
Apply the correct short-form or long-form warning
Keep the assessment on file

Brief for your lab or agent

Copy this into an email, then edit the product and channel.

Request: California Proposition 65 Warning — United States
Product category: Chemicals
Authority: California Office of Environmental Health Hazard Assessment (OEHHA)
Legal basis: California Safe Drinking Water and Toxic Enforcement Act of 1986

Documents we already have:
  1. Chemical screening or exposure assessment
  2. Warning label artwork and placement plan
  3. Supplier declarations for components and materials

Questions:
  1. Does our product fall under California Proposition 65 Warning in the United States?
  2. Which test standards or evidence do you accept?
  3. What is the current fee and lead time?
  4. Is a local representative required, and can you act as one?

Cost and timeline

Warnings must be in place before the product is sold in California.

Exposure assessment and labelling costs vary by product.

Common rejection reasons

No warning on a product with a listed exposure
Warning text does not follow the current regulation
Warning not visible before purchase

Registration, notification, or certification is not the same as approval. Keep the technical file current and make sure the label, listing, and submitted data match.