California Proposition 65 (the “Safe Drinking Water and Toxic Enforcement Act of 1986”) is a law unique to California. It requires businesses to provide warnings if their products, services, or facilities may expose individuals in California to chemicals the State has determined cause cancer, birth defects, or other reproductive harm. The law is administered by the California Office of Environmental Health Hazard Assessment (OEHHA), which maintains and updates the list of regulated chemicals. There are currently more than 900 chemicals on the list.
Why do I see this warning even if I don’t live in California?
Products often move through the same nationwide distribution channels to all 50 states. Because a business cannot always know which specific items will end up in California, many companies include Proposition 65 warnings on all of their products, websites, or packaging. This is why you may see a Proposition 65 warning even when shopping or receiving a product outside of California.
Does this mean the product is unsafe?
A Proposition 65 warning does not mean a product violates federal safety standards or other regulations. All Exxel Outdoors products meet applicable federal regulatory requirements. The warning simply informs California consumers of a possible exposure so they can make their own decisions.
How does Proposition 65 differ from federal product safety laws?
Unlike federal laws such as the Consumer Product Safety Improvement Act (CPSIA), which prohibit certain substances outright, Proposition 65 is a warning statute. It does not ban the presence of listed chemicals but requires businesses to provide warnings if exposure may exceed levels the State of California considers a risk.
What are “Safe Harbor Levels”?
For many listed chemicals, OEHHA has established exposure thresholds called “Safe Harbor Levels.” These include “No Significant Risk Levels” (for cancer-causing chemicals) and “Maximum Allowable Dose Levels” (for reproductive toxicants). If exposure is below these levels, no warning is required. For chemicals without Safe Harbor Levels, businesses generally provide a warning to avoid the risk of non-compliance.
What about products without a warning label?
You cannot assume products without a warning are free of listed chemicals. It may be that the product is not sold in California, that a manufacturer has chosen a different labeling approach, or that the product was made before the labeling requirement applied.
Where can I learn more?
For more information and a current list of chemicals, please visit the California OEHHA website: https://oehha.ca.gov/proposition-65