California Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a key consumer right-to-know law in the State of California. It requires businesses to provide a clear and reasonable warning label if their products contain chemicals known to cause cancer or reproductive harm (as listed in the Prop 65 chemical list), allowing consumers to make informed choices.
The Act does not directly ban harmful substances but promotes compliance through mandatory disclosure and strict penalties. Any violation may result in a civil penalty of up to $2,500 per day.
A unique enforcement mechanism under Prop 65 is the “60-Day Notice of Violation.” Any individual or organization that discovers a potential violation may send a notice to the business 60 days in advance of filing a lawsuit. If the business fails to correct the violation within 60 days (e.g., by adding warnings or reformulating the product), the noticing party may proceed with legal action.
Below are statistics from 60-Day Notices issued under Prop 65 in the first quarter of 2026:
- Total number of violation notices are 1,000 cases. They cover a wide range of product categories including food, daily necessities, footwear, and apparel.
- Footwear, bags, apparel, and accessoriesaccount for 4% of total notices. The main chemicals detect in these product categories and their distribution are as follows:
|
Chemicals
|
Percentage
|
|---|---|
|
Phthalate
|
51%
|
|
Hexavalent Chromium
|
25%
|
|
Per- and Polyfluoroalkyl Substances(PFAS)
|
16%
|
|
Lead
|
4%
|
|
Cadmium
|
3%
|
Q1 2026 Data Warning:
Violations involving phthalates, hexavalent chromium, PFAS and other chemicals are frequent. It is recommended that relevant businesses immediately conduct compliance checks, focus on identifying high-risk materials, strengthen supply chain controls, and implement compliant warning labels to minimize litigation and penalty risks.
Consumer Product Exposure Warnings Content
Under the latest California Proposition 65, consumer products that contain a listed chemical above the safe harbor level must provide a “safe harbor” warning and the following elements must be included:
- A symbol consisting of a black exclamation point in a yellow equilateral triangle with a bold black outline. (⚠)
- The word “WARNING:” or the words “CA WARNING:” or “CALIFORNIA WARNING:” in all capital letters and bold print.
- At least one chemical name from the Prop 65 list.
- A hazard warning (e.g., cancer or reproductive harm)
- The designated URL: P65Warnings.ca.gov
Transition period: The old short-form warning (e.g., “Cancer – www.P65Warnings.ca.gov” without a chemical name) may only be used on products manufactured and labeled before January 1, 2028. Products manufactured and labeled after that date must use the updated warning format. Businesses should use the transition period to complete label compliance as soon as possible.
The following are two warning formats:
|
Warning Format
|
Application
|
Example
|
|---|---|---|
|
Long-Form Warning
|
Products with sufficient label space
|
“⚠WARNING: This product can expose you to chemicals including xxx [name of one or more chemicals], which is [are] known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.”
|
|
Short-Form Warning
|
Products with limited label space
|
“⚠ WARNING: Cancer risk from exposure to [name of chemical]. See www.P65Warnings.ca.gov.”
|
For more details, please visit the following website: https://oag.ca.gov/prop65/60-day-notice-search
