Consumer goods sold in the State of California are, with certain exceptions, subject to that State’s Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986.The regulations that have been implemented in the years since the Proposition was passed place specific labeling requirements on products sold in the State of California if the product contains chemicals listed by the State as carcinogens or reproductive toxicants. Failure to provide such warnings can result in action by the California Attorney General or by “any person in the public interest.”

AHPA President Michael McGuffin is a recognized expert on Proposition 65, and AHPA has been actively involved in issues related to the law for many years. From 2008-2010, McGuffin served on a California Office of Environmental Health Hazard Assessment Food Warning workgroup, formed to assist in the development of regulatory language intended to help businesses provide necessary warning for exposures to Proposition 65 listed chemicals in food.

Background on California Proposition 65: Issues Related to Heavy Metals and Herbal Products, written by McGuffin and Trent Norris of Arnold & Porter LLP, AHPA’s counsel for California Proposition 65, is a 2008 update to a November 2004 document that provides invaluable information on the regulatory and liability implications of Proposition 65 on heavy metals that may be present in herbal products sold in the State of California.

AHPA members can login and download a free copy of Background on California Proposition 65: Issues Related to Heavy Metals and Herbal Products from the members-only download center. Nonmembers may purchase the Proposition 65 backgrounder here.

Office of Environmental Health Hazard Assessment (OEHHA)
OEHHA’s overall mission is to protect and enhance public health and the environment by scientific evaluation of risks posed by hazardous substances. 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, "The Safe Drinking Water and Toxic Enforcement Act of 1986", 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).