CALIFORNIA PROPOSITION 65 FOR CONSUMER PRODUCTS
A Proactive Approach to Chemical Risks and Brand Protection

California Proposition 65 affects all products sold or distributed in California, including textiles, hard goods, toys, juvenile products, and electrical/electronic items. In its simplest form, as it pertains to consumer products, Prop 65 can be considered a consumer “right-to-know law” that informs consumers if certain hazardous chemicals are present in a product or its packaging. However, compliance can be complicated. Limits for identified chemicals can vary both by the particular substance and product. Also, pre-existing requirements don’t exist for all chemicals and product
types. Rather, product limits are established based on settlements resulting from litigation brought forward by individuals or groups challenging the safety of chemical levels in particular products.

What is California Proposition 65?
Proposition 65, known as the Safe Drinking Water and Toxic Enforcement Act, was enacted in California in 1986. This Act requires that anyone in the course of doing business who exposes an individual to a chemical “known to the State” to cause cancer or reproductive toxicity must first give a “clear and reasonable” warning. Currently over 740 chemicals are listed by the State of California as known carcinogens or reproductive toxins, and lead is one such chemical. Violators can face fines of up to $2,500 per violation, per day, and each piece sold in California would be considered a separate violation. The Act affects all products sold or distributed in California.

How to comply with Proposition 65
• Determine if your product contains any listed Prop 65 chemical in the product or packaging.
• Identify exposure routes to the chemical from your product (i.e., inhalation, ingestion, absorption, etc.).
• Assess the level of exposure by comparing chemical levels in your product to California’s criteria for No Significant Risk Levels (NSRLs) or MADL (Maximum Acceptable Dose Level (MADLs) and generate data showing Risk Level.
• If the exposure is in excess of the California’s NSRL or MADL levels, then product must provide the appropriate warning to the consumer.
• Work with a knowledgeable and experienced third-party quality assurance provider / laboratory to assist you with this process.

Our Approach

By monitoring Proposition 65 actions and settlements, we help retailers
and manufacturers take a proactive and comprehensive approach to
compliance. We assist our clients in determining if listed Prop 65
chemicals are present in their products; identifying exposure routes
and assessing the risk levels in items. We then help our clients to build
in the appropriate requirements into their testing and quality assurance
program an ongoing basis. Our services include:

• Analytical Testing Services: Identifies levels of listed Prop 65 substances in a product and test to current consent decrees
• Design Evaluations: Reviews product construction and/or formulations with possible recommendations
• Technical Opinion Letters: Evaluates your formulation against the current list of Prop 65 chemicals

Components for Compliance
• Understand your products and the chemicals used to produce them
• Communicate your policies related to Proposition 65 and similar chemical requirements within your company and full supply chain.
• Support and monitor your supply chain
– Training and awareness
– Bill of Materials and Bill of Substance Review
– Chemical Management System – Audits
– Ongoing Compliance – Audits
– Product Compliance Testing