What is California Proposition 65 (CA Prop 65)?
California Proposition 65, the Drinking Water Safety and Toxic Enforcement Act of 1986, was issued in November 1986 to protect California residents and the state's drinking water sources from sources known to cause Substances containing cancer, birth defects or other reproductive and developmental hazards, and truthfully notify residents when such substances are present. California Proposition 65 regulates chemicals in California known to cause cancer or reproductive toxicity.
California 65 substance list?
More than 700 chemicals are currently listed as being regulated in this category. See the list below for details:
https://oehha.ca.gov/proposition-65/proposition-65-list
What are California 65 Warning Signs?
When a product contains the substances listed above and there is a risk of exposure, a warning label needs to be posted on the product.
The method and content of the “Warning Label” can be found in California Regulation 65 “Article 6 Clear and Reasonable Warnings”. For consumer products, there are four ways to choose from:
1. Mark on the indicator label or shelf label of each product display and placement location;
2. Automatically displayed to the purchaser through the electronic device;
3. A warning label with the "WARNING" logo is affixed to the product or package;
4. "on-product" short label: A warning sign with a short "WARNING" logo can be affixed on the product. The short warning font cannot be smaller than the largest font used to display other "customer information" on the product, and in any The case cannot be less than 6 lbs.
https://oehha.ca.gov/proposition-65/crnr/notice-adoption-article-6-clear-and-reasonable-warnings
What is California 65 Case?
Proposition 65 allows California government officials, nonprofits, law firms and individuals to file enforcement actions if a product is found not to be labeled with a chemical restricted in the relevant regulations. Retailers whose products may contain the listed chemicals are often the target of such lawsuits.
According to statistics, the total amount of settlements and judgments officially announced in 2019 is about 30 million US dollars. In the first quarter of 2020 (January to March), a total of 179 settlements and precedents were officially listed, with a total judgment amount of US$2.4 million and US$2.6 million, respectively.
Each precedent or case will be published on the official website with a corresponding Case number.
The links below provide access to the latest settlements and precedents.
https://oag.ca.gov/prop65/annual-settlement-reports
How is the California 65 test done?
Generally speaking, the cost of testing more than 700 substances will be very expensive, and it is difficult for companies to afford it, and there are few laboratories that have the ability to test all 700 substances.
As a result, most tests are based on past settlements and precedents as a way to troubleshoot risks.
First, find out what settlements and precedents have been made on such products, and then test the projects against those settlements and precedents.
