Proposition 65 (CA Prop 65)

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📖 Detailed Explanation

Proposition 65 is a California law passed in 1986, officially titled the Safe Drinking Water and Toxic Enforcement Act. It requires businesses to provide a 'clear and reasonable warning' on products to inform consumers that the product may contain chemicals known to cause cancer, birth defects, or other reproductive harm. It mainly applies to products exported to California, USA, such as toys, electronics, food contact materials, textiles, etc. Notes: 1) Warning thresholds are much lower than federal standards, so companies need strict testing; 2) Warning labels have specific format requirements, e.g., 'WARNING: This product contains chemicals known to the State of California to cause cancer...'; 3) Violations can result in high fines (up to $2,500 per violation per day); 4) Unlike REACH, RoHS, etc., Prop 65 is a California local regulation and focuses more on warnings than bans, but in practice companies often choose to remove harmful substances to avoid warnings. Foreign trade practitioners must ensure products comply with Prop 65 requirements, otherwise they may face lawsuits or removal from shelves.

📝 Examples

1. Children's toys we export to California must pass Proposition 65 testing and have warning labels on the packaging, otherwise customers may face lawsuits. (Note: Toys exported to California must comply with Prop 65, otherwise there are legal risks.) 2. Since our stainless steel water cups contain trace amounts of lead, under Proposition 65 we must label the product with a warning: 'This product contains chemicals known to the State of California to cause cancer and birth defects.' (Note: When a product contains listed chemicals, a warning label is required.)

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