If you manufacture or sell products in California, you've likely come across Prop 65 labels. These warning labels are essential for compliance with California Prop 65 warning label requirements, and failing to include them where necessary can lead to significant legal and financial consequences. 

In this blog, we’ll break down everything you need to know about prop 65 label requirements to help keep your business on the right side of the law.

California’s Proposition 65 (often shortened to Prop 65) is a law officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986. It requires businesses to notify Californians about significant exposure to chemicals that are known to cause cancer, birth defects, or other reproductive harm.

The state of California updates the Prop 65 list of chemicals every year, and as of 2024, there are over 900 chemicals listed. These chemicals can be found in a wide range of products, including food, beverages, household items, and industrial goods.

If your product contains any of these chemicals in significant amounts, you are required by law to place a Prop 65 warning label on your packaging.

The warning label requirements are quite specific, and California regulators have updated them in recent years to be even more detailed. Here’s what you must include on your prop 65 labels to remain compliant:

• The Warning Symbol: A black exclamation point in a yellow triangle. This is required on all Prop 65 warnings.
• The Signal Words: The label must begin with the word "WARNING" in all capital letters, making it immediately clear to the consumer.
• A Clear Description of the Hazard: This needs to explain what the risk is (cancer, reproductive harm, etc.) and identify the specific chemical in your product that triggers the warning.

Here’s a basic example of a compliant warning label:

WARNING: This product can expose you to chemicals including [name of chemical], which is [are] known to the State of California to cause cancer [and/or birth defects or other reproductive harm]. For more information, go to www.P65Warnings.ca.gov.

Not every product sold in California requires a Prop 65 label. However, if your product contains any listed chemicals above the "safe harbor" level, you must include the warning. 

Safe harbor levels are thresholds below which no warning is required. These levels are determined by the California Office of Environmental Health Hazard Assessment (OEHHA).

For example, common chemicals like lead or acrylamide (often found in food products) may be present in your product. Even trace amounts of certain chemicals can trigger the need for a prop 65 label if they exceed safe harbor limits.

It’s important to regularly check your products and ingredients against the current Prop 65 chemical list, as it is updated annually. Staying informed can prevent compliance headaches down the road.

Here are some important things to keep in mind as you work to comply with prop 65 label requirements:

• Product Categories: Prop 65 applies to a wide range of products, from cosmetics to electronics to foods. Be aware of which category your product falls into and check the chemicals associated with your industry.
• Online Sales: If your product is available for purchase online by California residents, the warning must appear on the website before purchase—not just on the physical product.
• Retailer vs. Manufacturer Responsibility: Both manufacturers and retailers share responsibility for Prop 65 compliance. However, manufacturers typically bear the bulk of the responsibility for labeling.
• Ingredient Transparency: It’s good practice to ask your suppliers for detailed ingredient information to ensure you’re not accidentally using chemicals that could trigger a Prop 65 warning.

To stay compliant with Prop 65 warning label requirements, it’s critical to remain proactive. Regularly review your product ingredients and packaging, and stay up to date with the annual revisions to the Prop 65 list of chemicals. If you’re not sure whether your product requires a Prop 65 warning, consult legal counsel or a compliance expert.

Making sure your product is compliant with California Prop 65 warning label requirements is crucial for protecting your business and your customers. With penalties for non-compliance running steep, ensuring your labels are accurate and clear is a must.

At Lightning Labels, we specialize in custom label printing and can help ensure your labels meet all necessary regulations, including prop 65 label requirements. 

Whether you need assistance designing your labels or simply want to print high-quality warnings that are compliant with California law, we’re here to help.

Ready to get started? Get a quote today, and ensure your product packaging is both compliant and top-notch in quality.