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:
| Substances Name | Type of Toxicity | CAS No. | Date Listed |
|---|---|---|---|
| Coal-tar pitch | Cancer | 65996-93-2 | Nov-17-2023 |
| Fluoro-edenite fibrous amphibole | Cancer | Nov-17-2023 | |
| Silicon carbide whiskers | Cancer | Nov-17-2023 |
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.
How to Stay Compliant with New Prop 65 Regulations
Staying on top of materials compliance requires time-consuming research to find data on what materials are being used, looking at supplier PCNs, full material declaration reports, manufacturing reports on plating finishes, and ensuring these documents are the latest issued by the component manufacturer.
To help manufacturers gather compliance information quickly and efficiently, SiliconExpert has developed a dashboard and downloadable reports that monitor 24 global environmental compliance regulations, including California Proposition 65. Sign up for a free trial today to learn more about SiliconExpert’s Compliance Management tool and meet your compliance requirements!
Contributing Author/Researcher: Ahmed Abdel Naby, Team Lead of R&D, SiliconExpert
