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.
