On November 17, 2023, the California Office of Environmental Health Hazard Assessment (OEHHA) added three new substances to California’s Proposition 65 list.  Proposition 65 requires businesses to place clear warning labels on products and locations that may contain significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm.

These are the new substances added to the list:

The complete list of Prop 65 substances can be found on the OEHHA website.

What California’s Update to Prop 65 Means for Manufacturers

With the recent update to the Proposition 65 substance list, businesses are required to add warning labels on products that contain the newly added substances listed above. Manufacturers have 12 months from the date a substance is added to the Prop 65 list to add a warning label to their product.

Consequences of Violating Prop 65

If a business is found to be in violation of Proposition 65, it can be subject to civil penalties of up to $2,500 per day for each violation as well as attorney fees. In 2019, businesses paid about $30 million in Prop 65-related settlements, averaging $33,000 per settlement.