Proposition 65 is a California regulation that requires businesses to provide warnings to California consumers about exposures to chemicals that may cause cancer, birth defects, or other reproductive harm. These chemicals can be in products that are purchased by Californians, in their homes, workplaces, or that are released into the environment. It also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water. The list of chemicals is published by the governor and contains over 900 chemicals. Effective August 30, 2018, this warning must be made available prior to a purchase, either by catalog or website, for any products containing such chemicals.
The chemicals on the Prop 65 list consist of a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. The leading promotional product categories that are the most cited for violations are:
Depending on the specific facts, Prop 65 may be enforced by district attorneys, city attorneys, or any individual acting in the public interest. As such, many lawsuits and violations have been filed by private citizens and city officials alike. Over 90% of violations issued thus far were for products containing heavy metals and phthalates. Penalties may include fines of up to $2,500 per day, per violation, as well as injunctive relief. For more information, or if you have any additional questions, we’ve linked additional resources here.
Sample Warning Label
Suppliers should update their products in one of three different ways to show distributors that your products are compliant or completely safe.
See reference guide for step by step instructions.
Please contact your SAGE Account Advisors.
On the product search screen, under “Made In”, there’s a field titled “Standards”, which as a list of all available standard compliances. By selecting “Prop 65” from the list, search results are narrowed down to products that are listed as Prop 65 compliant. Suppliers can upload supporting documentation if their products have been tested and don’t need the new label, and suppliers will be able to add the label to the necessary products within their product data in SAGE.
You will be able to see if a product is Prop 65-compliant by the warning label beneath the product image, or by viewing the status in the “Product Compliance” field under the “Additional” information tab in SAGE Online. Also, on the Additional information tab, distributors will be able to view the supplier’s Prop 65 documentation.
Once the warning labels have been added by the respective supplier, they will automatically appear for any distributors located in California. If you are not located in California, the warning labels will NOT automatically appear. However, you have the option to turn this on or off by logging into sagemember.com.
This feature is automatically turned on for all distributors located in California. If you are outside California and would like to turn this feature on please follow these steps.
Keep in mind: Both the “Show” box and the “Print warning labels” boxes have to be checked in order to show labels in presentations.
For specific questions on how new Prop 65 regulations will be administered, you can contact the Office of Environmental Health Hazard Assessment at P65.Questions@oehha.ca.gov or by calling 916.445.6900.
Please note that the information provided on this page is not legal advice and as with any law or regulation, you should consult an attorney or other expert in this field to discuss your particular situation and obtain specific advice. SAGE is not responsible for verifying compliance information provided by suppliers. Distributors are encouraged to confirm compliance regarding Prop 65 and other regulations and laws, as applicable, with their respective suppliers.