Table of Contents
Introduction: Why California’s Proposition 65 Matters
California’s Proposition 65 isn’t just about putting a label on your product. It’s about managing chemical exposure risk—and knowing when you’re legally obligated to inform consumers or workers.
But when exactly is a warning required? If you're in electronics manufacturing, you're likely working with materials or components that could contain listed substances.
Here's how to find out.
How to Determine If a Prop 65 Warning Is Required
- Step 1 — Is a Listed Chemical Present?
Start with California's Prop 65 chemical list — updated at least once a year and now including over 900 substances known to cause cancer, birth defects, or reproductive harm.
Link to OEHHA’s Prop 65 Chemical List
Common electronics-related chemicals:
- Lead and lead compounds
- Cadmium
- DEHP, DBP, BBP
- Flame retardants like PBDEs
> Tip: Don’t rely on supplier guesses. Use Full Material Disclosure (FMD) tools to identify chemicals at the part or article level.
- Step 2 — Is Exposure "Reasonably Foreseeable"?
Prop 65 enforcement hinges on exposure, not just presence. Could a consumer or worker reasonably be exposed through use, handling, or wear-and-tear?
Example for electronics:
- Touching lead solder during repair = exposure
- Inhalation of fumes from burning cables = exposure
- Encased component with no user contact = may not require warning
- Step 3 — Can You Prove "No Significant Risk"?
You don’t need a warning if you can prove the exposure is:
- Below the Safe Harbor Level (NSRL for cancer, MADL for reproductive toxins)
- Or that it meets “no significant risk” standards
> But proving that requires scientific data, modeling, and sometimes expert testimony. Most companies opt to label conservatively unless they have strong evidence.
Where and How to Provide the California’s Proposition 65 Warning
- Consumer Products (B2C)
- On-product labels or online point-of-sale disclosures are required
- Must specify at least one chemical and the type of harm (cancer, reproductive, or both)
Example:
> WARNING: This product can expose you to lead, a chemical known to the State of California to cause cancer and birth defects.
- Occupational Exposure (B2B)
- Must provide clear warnings in the workplace
- Labels, SDS, and employee training all apply
- E-commerce & Packaging
- If you sell online, the warning must be present on the product page before purchase
- Include physical warnings on product or in packaging inserts
When in Doubt, Label or Validate California’s Proposition 65
Regulators won’t penalize you for issuing a non-required warning, but they will fine you for omitting one when required.
- Use risk-screening tools
- Consult Prop 65 experts for safe harbor exposure modeling
- Automate chemical tracking with tools like Acquis
Book a Free Prop 65 Risk Audit
Wondering if your electronics product needs a Prop 65 label? Let’s help you find out.