Almost anything being sold in California may require a Proposition 65 warning. Proposition 65 is a California law titled the Safe Drinking Water and Toxic Enforcement Act. The law was put in place to protect consumers and notify them if the product contains hazardous chemicals.
The Prop 65 list identifies 900+ risk categories, and the manufacturer must identify parts listed for male and female reproductive harm, cancer, and mutagenic (birth defects) risks. Prop 65 is only required for parts that can be touched by users or maintenance personnel.
Prop 65 applies to products sold or distributed in California. It does not matter where the product is manufactured – if it ends up in California, Prop 65 applies. Law firms can and do send staff down aisles at stores and wipe parts of a product that can be touched. This is called a “wipe test.” If they wipe something in the store and it comes up with Prop 65 substances in it, and it has no corresponding warning for the substance detected, they will send it out for testing. The manufacturer can be fined up to thousands daily, per occurrence, until the product has been removed from the market, or a warning label is placed.
Companies must warn users if their products contain any of these 900+ substance risks. If your product does not contain any such substances, there is no need to include a warning, but you must be sure. The warning label must be placed on the product. A warning may be placed on the packaging if the product is too small to carry a label.
F2 Labs can assist with a Prop 65 evaluation and in almost all cases we get through it without testing.
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