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

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.

CA Prop 65 Update on Regulatory, Compliance and Litigation Developments

An overview of several significant developments related to Prop 65

Recorded September 20, 2018 -- Duration: 2 hours

Guidance on California Proposition 65 for herbal products

Updated August 2018, this guidance covers heavy metals, naturally occurring substances and two processed botanicals

Updated Proposition 65 guidance informs the herbal products industry about legal liabilities related to naturally occurring substances in some natural products sold in the state of California

Prop 65 Safe Harbor Warning Requirement Changes Aug. 30

New requirements apply to products manufactured after Aug. 30

New regulations for California Proposition 65 (Prop 65) warning labels will go into effect on August 30, 2018 and apply to products manufactured after that date.

California court affirms Prop 65 lead MADL at 0.5 mcg per day

Appeals Court rejects lawsuit challenging established standard for Proposition 65 warnings

On June 5, 2018, the California Court of Appeal ruled against private plaintiff Mateel Environmental Justice Foundation (Mateel) and upheld the current 0.5 microgram per day safe harbor for lead, as set in 1989 by the predecessor agency to the Office of Environmental Health Hazard Assessment (OEHHA). The ruling has since been finalized by the Court. Mateel had sought to force OEHHA to repeal the regulations for setting a “maximum allowable dose level” (MADL) for lead as a reproductive toxicant and to revoke the safe harbor for lead. 

CA Prop 65: Regulatory, Compliance and Litigation Developments

An overview of the clear and reasonable warning regulation, including recent changes and amendments

Recorded July 25, 2017 -- Member cost: $199. Nonmember cost: $399.

AHPA submits comments on coumarin to California's Office of Environmental Health Hazard Assessment

Coumarin is a natural constituent of some food plants

The American Herbal Products Association (AHPA) submitted comments this week in response to the California Office of Environmental Health Hazard Assessment's (OEHHA's) request for relevant information on the carcinogenic hazards of the chemical coumarin (CAS No. 91-64-5).

AHPA and LifeScienceRisk Develop Prop 65 Insurance Coverage for the Dietary Supplement Industry

AHPA's comprehensive Prop 65 data used to develop innovative insurance coverage

The American Herbal Products Association (AHPA) and LifeScienceRisk (LSR) announced today a California Proposition 65 (Prop 65) coverage for the herbal product and dietary supplement industries.

California Prop 65 Webinar: A Status Update

Companies selling products in California should understand recent and developing Prop 65 changes

Recorded November 16, 2016. Member cost: $220. Nonmember cost: $520.

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