Prop 65 - What is it?
California’s Proposition 65 is a law that requires businesses to provide warnings to Californians if they will be exposed to any chemicals that the State of California has identified as known to cause cancer, birth defects, or other reproductive harm. One of the goals of Prop 65 is to allow people in California to make informed decisions about the types of chemicals that they are exposed to.
The State of California publishes a list of chemicals known to cause cancer, birth defects, or other reproductive harm. The list contains a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. The list can be found at: https://www.p65warnings.ca.gov/chemicals
What Does the Prop 65 Warning Do?
The State of California has regulations that describe warnings that are deemed to meet the “clear and reasonable” standard of Prop 65. The regulations generally provide that a warning should contain the following information:
- A statement that the product may expose you to a Prop 65 listed chemical
- The name of at least one chemical listed as known to cause cancer and/or one chemical listed as known to cause reproductive harm that prompted the warning
- The Internet address for OEHHA’s Proposition 65 warnings website, www.P65Warnings.ca.gov
- A triangular yellow warning symbol ⚠ (on most warnings) and the word “WARNING” in all caps
For example, if your product contains lead, the warning would be:
⚠️ WARNING: This product can expose you to chemicals including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to P65Warnings.ca.gov.
Sellers need to review the Proposition 65 regulations and we recommend that all sellers consult an attorney to determine the need for and wording of any Prop 65 warning.
Determining whether an item is subject to Prop 65?
Testing for Prop 65 Compliance
If you do not definitively know the makeup of your item, you may want to use a third-party testing lab to assess whether a warning is necessary. There are many third-party testing labs that will test for the presence of chemicals found on California’s Prop 65 chemical list. Chairish cannot recommend a specific lab or testing service.
California’s Prop 65 and other rules/laws/requirements in my state?
Due to the prominence of Prop 65 and the fact that sellers may need to include a warning in their product listings, we updated the listing form to make it easier for sellers to comply with their obligations under Prop 65.
Sellers are responsible for complying with all laws and regulations that apply to their products, including Prop 65. If your state has additional requirements or regulations, it is your responsibility to take the actions required for compliance.
Adding the Warning to Your Listings
Adding the Warning to New Listings
The listing form has been updated to include a section related to Prop 65 compliance.
We have added two fields to the listing form, one is a required “Yes,” “No,” or “I don’t know.” If you select “Yes,” you will be prompted to enter a Prop 65 message for that product.
Update Existing Listings
You can add the Prop 65 warning to any of your relevant listings, by opening the listing in the edit mode:
- Move to the Prop 65 section of the listing
- Follow the directions as noted above
- Click Submit
If you do not take immediate action to update your listings to comply with Prop 65, you will be required to update your listing before you can make other edits (including markdowns) in the future.
Prop 65 Warning Placement
When a a listing includes a Prop 65 warning, this warning is displayed on the PDP (Product Display Page) and is visible to all site visitors.
NOTE: This information is intended for informational purposes only and is not legal advice. Providing this information does not create or constitute any type of attorney/client relationship. Chairish, Inc. and its affiliates disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of or reliance on these materials. Sellers are solely responsible for the safety and compliance of their products. Please consult an attorney authorized in the State of California for questions regarding Prop 65.