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

March 2020 AHPA Report

AHPA Members, Log in to access the AHPA Report

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

AHPA Members, Log in to access the AHPA Report

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

AHPA Members, Log in to access the AHPA Report

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.

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

AHPA Members, Log in to access the AHPA Report

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

AHPA Members, Log in to access the AHPA Report

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

AHPA Members, Log in to access the AHPA Report

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.

RSS
1234

2020 Annual Fund Sponsors

   

AHPA appreciates the support of its sponsors, but does not endorse, recommend, or provide a warranty for any sponsor company, its products or services. AHPA has no responsibility for any transaction entered into with any of these companies.