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Proposition 65 Overview
Proposition 65, also known as Prop 65, refers to California’s Safe Drinking Water and Toxic Enforcement Act.
Under Prop 65, chemicals known to cause cancer, reproductive or developmental problems are identified and published by the state. There are more than 800 chemicals listed under Prop 65.
The Act requires that consumers be warned about potential exposure. Under Prop 65, these warnings must be provided to consumers before exposure to the chemical occurs. Additionally, warnings must state the name of the listed chemical.
Prop 65 does provide an alternative to including warnings on each product. Companies that use listed chemicals in their products can also lower the amount of chemical used in the product. The level of Prop 65 chemical used in the product must be reduced to levels described as “safe” under the law.
Companies who fail to comply by either reducing the amount of the substance or warning consumers can be hit with a Prop 65 warning letter. Warning letters can come from either the State Attorney General or a concerned citizen. Companies who do not heed the Prop 65 warning may also be slapped with litigation, fines, and legal fees.
Prop 65 Substances
California’s Safe Drinking Water and Toxic Enforcement Act, commonly known as Prop 65, was enacted in 1986. As noted above, the State of California has identified over 800 chemicals that are dangerous to human health. Each year, the list must be updated.
According to the American Cancer Society, substances can be added to the Prop 65 list in a few ways, including;
- When an “authoritative body,’ such as the World Health Organization, determines that a substance is likely to cause cancer
- When the State determines that a substance meets the criteria to add it to the list
Prop 65 Warnings
The American Cancer Society notes that while Prop 65 is a California law, consumers nationwide may see Prop 65 warnings on their products. Most businesses, even if they are not based in California, need to add Prop 65 warnings to their products if they plan to sell items in that state.
As noted above, the Safe Drinking Water and Toxic Enforcement Act requires that companies using chemicals listed under Prop 65 warn consumers about the potential for exposure. Under the Act, the warnings must include the following:
- A statement indicating the product “can expose” the consumer to a Prop 65 chemical
- The name or names of the chemicals in the product that are on the Prop 65 warning list
- The internet address for California’s Office of Environmental Health Hazard Assessment Prop 65 warning website, https://www.p65warnings.ca.gov/
- A yellow, triangular warning symbol
Prop 65 in the News
A number of commonly used substances have been subject to Prop 65 warnings, including coffee and clothing. Critics of the Act say that requiring “ridiculous” warnings on certain products lulls consumers into a false sense of safety when it comes to government warnings.
However, Prop 65 proponents say that consumers have a “right to know” about potentially dangerous substances in products. As a part of the recent litigation regarding a link between the weedkiller Roundup and cancer, California has added the active ingredient in the product, glyphosate, to the list of chemicals requiring warnings under Prop 65.
The EPA has reportedly tried to block this move, saying that the agency will not approve Roundup packaging that comes with the Prop 65 warning.
