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California Proposition 65 notices of violation filed for aflatoxins
October 7, 2025
The American Herbal Products Association (AHPA) brings to the attention of its members recent notices of violation (NOVs) that have been filed under California Proposition 65 (Prop 65) for alleged failure to warn for the presence of aflatoxins. These chemicals have been listed under Prop 65 since 1988 as cancer-causing agents and the six recent NOVs are the first ever submitted for these chemicals. The targeted products include chili powders, corn flour, and almond butter.
Aflatoxins are naturally occurring mycotoxins produced by certain molds, particularly Aspergillus species. They can contaminate a variety of crops, such as corn, peanuts, tree nuts, spices, and dried fruits and beans.
A safe harbor dose has not been determined for aflatoxins by the California Office of Environmental Health Hazard Assessment (OEHHA). The U.S. Food and Drug Administration (FDA) has issued an aflatoxins action level of <20 ppb for most foods. The FDA action level is based on the concentration in the food product, whereas Prop 65 is based on an exposure assessment, which accounts for the amount of the product consumed and other variables. Prop 65 safe harbor levels are expressed as an amount per day (mg/day or 
g/day). AHPA members should be aware that compliance with the FDA aflatoxins action level does not imply that a product does not potentially need a Prop 65 warning.
AHPA maintains a set of Prop 65 guidance documents that are freely available for members on the AHPA website.
