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 comments on California proposal to list goldenseal, aloe as 'known to cause cancer' under Prop 65

AHPA criticizes one of the mechanisms OEHHA uses to add substances to the Prop 65 list

AHPA submitted comments in response to OEHHA's Notice of Intent to List goldenseal root powder and Aloe vera, whole leaf extract, as known to the state to cause cancer under Proposition 65

AHPA Revises Guidance on Prop 65 Warnings for Pulegone

Does Naturally Occurring Pulegone Represent 'Exposure' Under CA Prop 65?

AHPA has updated guidance to help members understand and comply with California Proposition 65 requirements when selling products that contain pulegone, a ketonic monoterpene that is a naturally present constituent in various plant species, including mints.

Proposition 65: What's Going On?

Presented: May 20, 2015

This webinar provides an overview of several significant developments related to California's Proposition 65. Companies that sell products in California should understand these recent changes and be prepared for additional changes that are in development.

OEHHA urged to defend Prop 65 lead limits

AHPA joins coalition criticizing lawsuit aimed at eliminating longstanding safe harbor for lead

The American Herbal Products Association (AHPA) joined a coalition to urge the California Office of Environmental Health Hazard Assessment (OEHHA) to demand that the Mateel Environmental Justice Foundation abandon its recently filed lawsuit that would overturn the long-standing Proposition 65 "safe harbor" for lead--the most stringent in the world.

AHPA recommendations incorporated into draft regulations to amend Prop 65

Several AHPA recommendations incorporated into draft regulations to amend Prop 65

California's Office of Environmental Health Hazard Assessment (OEHHA) this week posted draft regulatory language to amend Proposition 65 warning label regulations with several AHPA recommendations incorporated. The proposed language would repeal the existing regulations that govern the provision of clear and reasonable warnings under California's law.

AHPA joins nearly 140 organizations advocating California Prop 65 improvements

AHPA joins coalition to submit comments on proposed California Prop 65 reform

In its most recent effort to improve California Proposition 65 (Prop 65), the American Herbal Products Association (AHPA) joined a coalition of nearly 140 organizations and companies to submit comments in response to the California Office of Environmental Health Hazard Assessment's (OEHHA's) proposal to reform this law.

AHPA proposal for more useful Prop 65 warning gains traction among regulators

OEHHA to consider AHPA's informative, consumer friendly label warning

In a breakthrough meeting with AHPA president Michael McGuffin on Sept. 25, top officials of the California Office of Environmental Health Hazard Assessment (OEHHA) recognized the value of AHPA's innovative proposal to allow more informative warnings for California's Proposition 65-listed reproductive toxins to replace the inflammatory and alarming language currently required. Based on this understanding, OEHHA requested AHPA to present specific recommendations on how to change the current regulations.

AHPA warns that OEHHA Pre-Regulatory Proposal would exacerbate Proposition 65 problems

Association offers innovative recommendations; also joins Coalition in criticizing OEHHA's proposal.

Living with Proposition 65: Preventative Measures & Defending Against a 60-Day Notice

Presented: October 18, 2010

As much as 30% of the national sales of dietary supplements may be to California consumers - but companies that market in that state may encounter high penalties for non-compliance with a California law known as Proposition 65. The focus of this law for the supplement class has been on the warnings required for products that may inadvertently contain small amounts of heavy metals, such as arsenic, cadmium, and mercury, and especially lead.

Heavy Metals: Analysis and Limits in the Herbal Dietary Supplements

AHPA Members log-in to download this free document

This document provides proposed limits with accompanying explanations as to how they were determined for lead, mercury, cadmium and arsenic, and accompanying explanations as to how these limits were determined.
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