American Herbal Products Association (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

November 2019 AHPA Report: New Prop 65 Guidance, EPA Crop Group Advocacy, USDA Hemp Rule, Revised FDA Draft Guidance for Homeopathics

November 2019 AHPA Report: New Prop 65 Guidance, EPA Crop Group Advocacy, USDA Hemp Rule, Revised FDA Draft Guidance for Homeopathics

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The November 2019 AHPA Report includes new CA Prop 65 Guidance, an overview of USDA's rule for hemp, FDA's revised draft guidance for homeopathics, happy birthday DSHEA, McGuffin keynote at HIACON and much more.

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.

October 2019 AHPA Report: Foreign cGMP inspection trends, Prop 65 amendment dropped, CBD advocacy and more

October 2019 AHPA Report: Foreign cGMP inspection trends, Prop 65 amendment dropped, CBD advocacy and more

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The October 2019 AHPA Report includes recent CBD advocacy, AHPA at IADSA, foreign cGMP inspection trends, nutrition labeling enforcement discretion advocacy, nutrition labeling webinar, AHPA events at SupplySide West and more.

September 2019 AHPA Report: Labeling guidance, GRAS, Glyphosate, AHPA at AOAC and more

September 2019 AHPA Report: Labeling guidance, GRAS, Glyphosate, AHPA at AOAC and more

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The September 2019 AHPA Report includes guidance on herbal supplement labeling, AHPA at AOAC INTERNATIONAL, climate action in the health and nutrition industry, the glyphosate debate, GRAS: Meeting the burden of persuasion, AHPA at SupplySide West and more.

August 2019 AHPA Report: Data shows supplement recalls are relatively infrequent, insights from the Hemp-CBD Supplement Congress, Prop 65 enforcement data and more

August 2019 AHPA Report: Data shows supplement recalls are relatively infrequent, insights from the Hemp-CBD Supplement Congress, Prop 65 enforcement data and more

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The August 2019 AHPA Report includes an analysis of FDA recall data, recent CA Prop 65 enforcement trends, the first warning letter addressing FSVP, insights from the Hemp-CBD Supplement Congress and updated guidance for hemp-CBD.

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.

AHPA President Michael McGuffin presents on CA regulations that impact the supplement industry at ACI Conference

AHPA provides several resources to help navigate CA regulations

American Herbal Products Association (AHPA) President Michael McGuffin discussed significant California regulations that impact the dietary supplement industry at the American Conference Institute's (ACI's) seventh annual Legal, Regulatory, and Compliance Forum on Dietary Supplements held in New York City June 18-20.

AHPA urges specificity in OEHHA review of scientific data on cannabis

Scientific review should be specific to route of consumption and part of the plant

In a letter to California’s Office of Environmental Health Hazard Assessment (OEHHA), AHPA strongly recommends that the office ensures that the Developmental and Reproductive Toxicant Identification Committee (DARTIC) sufficiently differentiates between the parts of the cannabis plant and the route of exposure when it reviews scientific literature to determine if certain cannabis articles should be listed under Proposition 65 as causing reproductive toxicity.

Proposition 65 definition of 'nickel (soluble compounds)' posted

OEHHA action may require warnings by Oct. 26, 2019

California's Office of Environmental Health Hazard Assessment (OEHHA) on May 2, 2019 posted a definition of “nickel (soluble compounds)” to clarify the scope of the agency’s listing last October of these compounds as chemicals known to the state to cause reproductive toxicity for purposes of Proposition 65.
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