Frequently Asked Questions

Proposition 65 is a California law that requires businesses to provide warnings before exposing people to chemicals on the state’s Proposition 65 list.Chemicals are placed on this list for cancer or reproductive harm (potential harm to a developing embryo or fetus, or to a person’s ability to have a healthy baby).

People in California may be exposed to these chemicals when they acquire or use products, or in their homes, workplaces, or other settings. A Proposition 65 warning on a product or place enables people to make informed decisions that can help them limit their exposure to Proposition 65-listed chemicals.

Proposition 65 requires California to publish a list of chemicals for cause cancer or reproductive harm. The list was first published in 1987 and is updated at least once a year. Chemicals are added to the Proposition 65 list of chemicals through a variety of mechanisms, including by gathering and analyzing scientific data for a panel of state-appointed scientific expertswho meet to determine whether specific chemicals should be added to the Proposition 65 list.

Proposition 65 was passed by California voters in November 1986 by a 63-37 percent margin. The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986.

As the name suggests, the law also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water.

Learn more about how Proposition 65 warnings can help California consumers protect their health.

If a business places a Proposition 65 warning on a product, or posts or distributes a warning at a workplace, business, or rental housing, the business is aware of or believes that it is exposing individuals to one or more listed chemicals.

By law, a business must provide a warning for exposure to listed chemicals. However, a business does not need to provide a warning if exposure from the product or place is low enough to pose no significant risk of cancer, or if it is significantly below the level observed to cause birth defects or other reproductive harm.

A Proposition 65 warning does not mean that a product or place violates safety or health standards.

Regulating product safety is the responsibility of other state public health officials and federal government agencies. For example, the California Department of Public Health issues recalls of food products found to be unsafe, and the California Air Resources Board may ban products that harm the air we breathe. Meanwhile, the federal U.S. Food and Drug Administration regulates food, drug, cosmetic and medical device products, and the federal Consumer Product Safety Commission regulates other types of consumer products, including toys, jewelry, personal care products, and other non-food items, and issues recalls for products it finds to be unsafe.

Warnings offer a way to guide your decisions and minimize your exposure to toxic chemicals. Whether or not you use them is up to you. The decision to purchase, use, or consume an item or visit a place of business with a Proposition 65 warning is at your individual discretion.

Proposition 65 has been shown to reduce peoples’ exposure to chemicals that are on the Proposition 65 list.

Proposition 65 encourages businesses to reformulate their products to remove listed chemicals. In some cases, businesses proactively make these changes. In other cases, the change results from an enforcement action brought under Proposition 65.

Removing toxic chemicals from consumer products has far-reaching beneficial effects.

Curious about how Proposition 65 has affected you? Learn more by visiting our page, Reducing Exposure to Proposition 65-listed Chemicals: A California Success Story. We provide specific examples that showcase the impact Proposition 65 has had on many of the items you buy and the places you live, work, and play.

The Office of Environmental Health Hazard Assessment (OEHHA), part of the California Environmental Protection Agency (CalEPA), implements the Proposition 65 program. OEHHA determines whether chemicals meet the scientific and legal requirements to be placed on the Proposition 65 list and develops regulations that govern warnings and other aspects of Proposition 65.

Enforcement is carried out through civil lawsuits brought by the California Attorney General, or by a district attorney or city attorney of a city with a population exceeding 750,000. In addition, any individual acting in the public interest may enforce Proposition 65 by filing a lawsuit against a business alleged to be in violation of this law.

For more information about enforcement, please refer to the California Attorney General’s Proposition 65 Frequently Asked Questions.

Penalties for violating Proposition 65 by failing to provide warnings can be as high as $2,500 per violation per day.

The Proposition 65 list contains a wide range of naturally occurring and synthetic chemicals. It includes additives and ingredients in pesticides, common household products, food, drugs, dyes, and solvents. Chemicals on the list include some that may be used in manufacturing and construction; are byproducts of chemical processes, such as motor vehicle exhaust; or are unintentionally added contaminants.

To request more information regarding the chemical exposure that prompted the warning, contact the manufacturer or importer of the product.

Businesses are not required to give OEHHA any information regarding their decision to provide a Proposition 65 warning. This decision is made by each business and is based on what it knows about the chemical exposure it is responsible for causing individuals.

If you contact a product manufacturer, we recommend that you ask about:

• The chemical exposure(s) that prompted the warning.
• Ways to minimize your exposure to Proposition 65-listed chemicals in the business’ product.
• If a warning is posted in a certain location, like an apartment building, contact the property manager or landlord to ask about the chemical(s) that prompted the warning.

Bisphenol S (BPS) is a chemical used to make hard plastic items and synthetic fibers for clothing and other textiles. It is also used as a color developer in thermal paper. BPS has been detected in cash register receipts, personal care products, foods, baby bottles, and other products.

BPS was added to the Proposition 65 list for birth defects and other reproductive harm, and became subject to the Proposition 65 warning requirements in December 2024.

To reduce your exposure to BPS from receipts, packing slips, and shipping labels, wash your hands with soap and water soon after handling these paper materials. Another way to reduce your exposure to BPS is to ask retailers for electronic rather than paper receipts, when the option is available.

Under Proposition 65, businesses make their own determinations about whether they need to provide Proposition 65 warnings. Many retailers have determined that the thermal paper they use for their receipts, packing slips and shipping labels exposes people to BPS. Some retailers now provide warnings specifically for the BPS found in these materials. If a warning refers to a receipt, packing slip, or shipping label, then the business is letting you know that BPS is found in the paper materials, rather than the product being purchased.

Phthalates are a group of chemicals that are used in plastics to make them soft and flexible. Phthalates are used in common household products, including cosmetics and personal care products, automotive and building products, food and beverage packaging and soft plastic children’s toys.

A warning must be given before an exposure to Proposition 65-listed phthalates occurs. Apart from Proposition 65, phthalates in products are also subject to other state and federal laws.

You can learn more by reading our Phthalates Fact Sheet.

Tenants can ask their landlords or property managers for information regarding Proposition 65 warnings at their apartment buildings.

Our fact sheet on Apartments and Residential Rental Properties offers general information about what tenants should know about Proposition 65.For a more visually appealing learning experience about what a warning at a rental property complex means, read our StoryMap article.

A business is responsible for determining if an exposure to a listed chemical from its product or place of business is at a level high enough to warrant a Proposition 65 warning. Because it is up to the business to determine this, OEHHA does not usually know why a warning is provided. This is information that only the business itself can provide.

Nickel that is found in jewelry does not typically cause an exposure at a high enough level to warrant a Proposition 65 warning. However, since some consumers are sensitive to nickel, businesses that manufacture jewelry sometimes make a point of labeling their products as nickel-free.

Similarly, while most eyeglasses and reading glasses contain metal components that may contain nickel, exposure to nickel from these products is generally not at high enough levels to require a warning.

Nickel can be combined with other metals to form nickel alloys, such as stainless steel used in cookware. Typically, well-made stainless steel cookware does not expose users to high enough levels of nickel to require a Proposition 65 warning. However, nickel may leach from stainless steel cookware when it is used to cook highly acidic foods, such as tomatoes or lemons. If you are cooking with these types of ingredients, consider limiting the amount of time you keep highly acidic foods in stainless steel cookware, or consider using other types of cookware.

Learn more by reading our Nickel and Nickel Compounds Fact Sheet.

An organic label on a food does not indicate that the food is free of Proposition 65-listed chemicals.

The U.S. Department of Agriculture’s (USDA) National Organic Program develops and enforces national standards for organic products and regulates the use of organic labels. According to the USDA, organic products must be produced using agricultural practices that foster resource cycling, promote ecological balance, maintain and improve soil and water quality, minimize the use of synthetic materials, and conserve biodiversity. For example, organic farming cannot use genetically modified organisms (GMOs) and must limit the use of synthetic pesticides, though certain pesticides from natural sources are allowed.

The USDA’s organic labeling regulations do not prohibit all Proposition 65-listed chemicals from organic products. For instance, Proposition 65-listed chemicals, like the heavy metals lead, arsenic, and cadmium, may be present in the environment and end up in food. For this reason, some foods with an organic label may also have a Proposition 65 warning.

For more information about organic labeling, refer to the USDA Certified Organic webpage.