American Herbal Products Association (AHPA) > AHPA Resources > Regulations > State

California Proposition 65

Consumer goods sold in the State of California are generally subject to the state’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.The regulations require specific labeling on products sold in the state if the product contains chemicals listed by the state as "carcinogens" or "reproductive toxicants." Failure to provide adequate warnings can expose companies to costly legal liabilities.

AHPA President Michael McGuffin is a recognized expert on Proposition 65 and AHPA works to educate the industry and advocate for improvements to the law.

AHPA resources

Office of Environmental Health Hazard Assessment (OEHHA)

OEHHA is responsible for developing and providing risk managers in state and local government agencies with toxicological and medical information relevant to decisions involving public health. Information on Proposition 65 is available on the OEHHA Web site: http://www.oehha.ca.gov/prop65.html

Office of the Attorney General, State of California, Department of Justice

State law requires any person suing "in the public interest" to enforce Proposition 65 to notify the Attorney General of the lawsuit and outcome of the case. This site provides an on-line process for reporting Proposition 65 private enforcement actions in compliance with California Health and Safety Code Section 25249.7 (d) (e) and (f).

Recent Prop 65 Advocacy and News

Guidance on California Proposition 65 and Hemp Products

Revised April 2020

In January 2020, Δ9-tetrahydrocannabinol (Δ9 THC) was added to the Proposition 65 list as a chemical known to cause reproductive toxicity. While Δ9 THC is present at only trace levels in hemp products, companies marketing hemp products in California should evaluate whether a warning is needed for these products. Also of concern, are other chemicals on the Proposition 65 list that may be used in the cultivation and processing of hemp and marijuana, such as the pesticides myclobutanil and carbaryl, for which some cannabis businesses have received Proposition 65 notices.

Guidance on California Proposition 65 and Cannabis Products

Revised April 2020

Marijuana smoke was added to the Proposition 65 list in June 2009 as a chemical known to the State of California to cause cancer. In January 2020, cannabis (marijuana) smoke and Δ9-tetrahydrocannabinol (Δ9 THC) were both added to the Proposition 65 list as chemicals known to cause reproductive toxicity. In addition to marijuana smoke and Δ9 THC, other chemicals on the Proposition 65 list that may be used in the cultivation and processing of cannabis, such as the pesticides myclobutanil and carbaryl, must be considered when cannabis businesses are determining compliance to this regulation.

March 2020 AHPA Report

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The March 2020 AHPA Report includes a discussion of proposals to make supplement regulation more efficient and effective, the Cannabis Committee's 10-year anniversary, AERs and supplement safety, postponed events and an update on international supplement regulation from IADSA.

February 2020 AHPA Report

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The February 2020 AHPA Report includes a look at the recent U.S.-China trade agreement, the impact of the Coronavirus on the industry, AHPA's comments to USDA on the domestic hemp product program and the final schedule of AHPA Events at Expo West 2020.

Webinar: CA Prop 65 for Legal Cannabis Products

Recorded February 26, 2020

This AHPA webinar reviews recent changes to CA Prop 65 and how other provisions of this state law apply to the legal cannabis industry, including marketers of hemp-derived CBD products.

January 2020 AHPA Report

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The January 2020 AHPA Report includes class action claims reinstated on “adulterated” supplements, AHPA Events at Expo West 2020, McGuffin named Industry Leader by Nutritional Outlook, and the 2020 Hemp-CBD Supplement Congress.

December 2019 AHPA Report: Looking back at 2019 and forward to 2020

December 2019 AHPA Report: Looking back at 2019 and forward to 2020

AHPA Members, Log in to access the AHPA Report

The December 2019 AHPA Report includes a look back at 2019 and forward to 2020, Class action claims reinstated on “adulterated” supplements, AHPA Events at Expo West 2020, McGuffin named Industry Leader by Nutritional Outlook, and the 2020 Hemp-CBD Supplement Congress.

FAQs: CA Prop 65 listing of nickel (soluble compounds)

Free guidance for AHPA members

On October 26, 2018, the California Office of Environmental Health Hazard Assessment (OEHHA) listed “nickel (soluble compounds)” as a chemical known to the state to cause reproductive toxicity under Proposition 65. The listing went into effect for soluble nickel compounds on October 26, 2019. Companies need to be aware of the new Prop 65 requirements for certain products that expose consumers to soluble nickel compounds and should refer to the current Proposition 65 requirements to determine the appropriate format and content of any warnings necessary for their products.

CA Prop 65 Guidance for Tea and Infusion Products

Free guidance for tea and infusion products companies

AHPA has posted this free guidance to help tea and infusion product companies understand, navigate and mitigate liabilities related to California's Proposition 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986). Since July 2016, numerous companies that sell or manufacture tea and infusion products, primarily marketers of branded finished products, have been the subject of complaints alleging violation of California's Prop 65 for failure to provide the required warnings.

CA Prop 65 Guidance for Hemp Products

Regulatory and liability implications of Proposition 65 for hemp and hemp-derived products

AHPA has published Guidance on California Proposition 65 and Hemp Products to educate the hemp industry about the regulatory and liability implications of Proposition 65 for hemp and hemp-derived products, including cannabidiol (CBD), sold in the State of California.
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