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What is California Proposition 65 (CA 65)?

Prop 65 is just one of a myriad of state and local regulations that place an onerous burden on local companies and ones that do business nationwide. But it might restrict your access to your favorite products because it is largely enforced by frivolous lawsuits for “failure to warn.” And it requires California to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm. This list, which must be updated at least once a year, has grown to include approximately 900 chemicals since it was first published in 1987.

The list of chemicals deemed hazardous is long and updates are made often. Whether a product is established or new to market, businesses should verify whether it is compliant with the law and ensures market access to California. Failure to comply with requirements can lead to civil penalties of up to $2500 per violation per day.

Which products will CA65 affect?

Companies doing business in California, USA, need to be aware of and comply with Proposition 65. CA65 affects all consumer products sold or distributed in California, including textiles, footwear, hard goods, DIY products, toys, juvenile products, stationery, electrical/electronic items and more.

To comply with Prop 65, any business that sells in California, regardless of where it is based, faces two-high cost options: Put warning labels on all goods nationwide, potentially scaring consumers outside of California who aren’t used to seeing so many warning labels; or use special packaging solely for California, disrupting supply chains and logistics. To pay for increased costs, businesses are forced to raise prices and/or cut jobs nationwide, negatively impacting you and your family.

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What types of chemicals are on the CA 65 list?

The list contains a wide range of naturally occurring and synthetic chemicals that include additives or ingredients in pesticides, common household products, food, drugs, dyes, or solvents. Listed chemicals may also be used in manufacturing and construction, or they may be byproducts of chemical processes, such as motor vehicle exhaust.

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