Key takeaways
- Prop 65 is a warning law, not a ban. A product can contain a listed chemical if it carries a proper warning or the exposure is below the safe-harbor level.
- The primary duty to warn on products sits with the manufacturer, producer, packager, importer, supplier or distributor, not the retailer.
- Short-form label warnings must name at least one listed chemical. Products manufactured and labelled before 1 January 2028 may keep the old short form.
- Lead, DEHP, formaldehyde and wood dust are listed chemicals that often matter for Indian furniture, brassware and décor.
- An inspection can check that the agreed warning is on the goods; only a lab can tell whether a warning is needed.
Who Prop 65 applies to
Proposition 65 is a California law approved by voters in 1986. It requires the state to publish a list of chemicals known to cause cancer, birth defects or other reproductive harm, now several hundred chemicals. The Office of Environmental Health Hazard Assessment (OEHHA) maintains the list and the warning rules in title 27 of the California Code of Regulations.
A business must give a clear and reasonable warning before it knowingly and intentionally exposes anyone in California to a listed chemical. Businesses with fewer than 10 employees, counting full- and part-time staff, are exempt, as are government agencies. A small exporter in India may be exempt itself, but the importer, distributor or online retailer selling into California usually is not.
No warning is needed if the business can show the exposure is below the "no significant risk level" for a carcinogen, or below the "maximum allowable dose level" for a reproductive toxicant. OEHHA publishes these safe-harbor levels for many chemicals. Lead, for example, has a no significant risk level of 15 µg/day for cancer and a maximum allowable dose level of 0.5 µg/day for reproductive toxicity.
Safe-harbor warning content and the 2025 short-form change
A warning that follows OEHHA's safe-harbor methods and content in Article 6 is deemed clear and reasonable. For consumer products there are two main forms:
| Element | Full warning | Short-form warning (on the product label) |
|---|---|---|
| Symbol | Black exclamation mark in a yellow triangle (black and white allowed when the label has no yellow) | Same |
| Signal word | WARNING:, or since 2025 CA WARNING: or CALIFORNIA WARNING: | Same options |
| Chemical name | At least one listed chemical, with its effect (cancer, reproductive harm or both) | At least one listed chemical, required for products manufactured and labelled from 1 Jan 2028 |
| Website | www.P65Warnings.ca.gov | www.P65Warnings.ca.gov |
| Type size | Conspicuous compared with other label text | No smaller than 6-point type |
An example of the new short form from OEHHA's rulemaking: "WARNING: Can expose you to formaldehyde, a carcinogen. See www.P65Warnings.ca.gov." The amendments took effect on 1 January 2025. Businesses have three years to switch, to 1 January 2028, and products manufactured and labelled with the old short form before then have an unlimited sell-through period. Article 6 also contains tailored warnings for some product groups, including furniture.
Listed chemicals that often matter for Indian goods
| Chemical | Listed for | Where it shows up in goods from India |
|---|---|---|
| Lead and lead compounds | Cancer; developmental and male and female reproductive toxicity | Brass hardware and décor (Moradabad), ceramic glazes, paints, PVC |
| DEHP and other phthalates | DEHP: cancer, developmental and male reproductive toxicity | Vinyl and PVC upholstery, faux leather, cables and soft plastics |
| Formaldehyde (gas) | Cancer | Plywood, MDF and particleboard, glues, some lacquers |
| Wood dust | Cancer (listed since 2009) | Products that buyers must cut, sand or drill; OEHHA says assembled furniture that needs no cutting or abrasion does not create wood-dust exposure |
Composite-wood products also fall under the federal formaldehyde emission rules; see TSCA Title VI and CARB. Meeting those limits does not by itself decide whether a Prop 65 warning is needed.
How importers and retailers split responsibility
Section 25600.2 puts the primary duty to warn on the manufacturer, producer, packager, importer, supplier or distributor. That business can either put the warning on the product label, or send written notice and warning materials to its customer, renewed at least yearly and with confirmation of receipt. The retailer must then display the warnings it receives. Parties may also agree a different split by contract.
Supplier agreements with US retailers commonly place this duty on the importer or brand. For each product the importer then takes one of three positions: tested below safe-harbor levels with no warning; a warning naming a specific chemical; or a precautionary warning. Enforcement is mostly by private enforcers, who must send a 60-day notice to the business and to public prosecutors before suing. Penalties can reach $2,500 per violation per day.
What an inspection can verify, and what needs a lab
| An inspector at the factory can check | Only a lab can establish |
|---|---|
| The agreed warning is on the product, carton or both, in the right place | Lead, phthalate or other content in a material |
| Symbol, signal word, chemical name and website match the approved artwork | Whether exposure is below a safe-harbor level (this may also need an exposure assessment) |
| Text is legible, at least 6-point for the short form, and permanently attached | Formaldehyde emissions from composite wood |
| Materials match those in the test reports: brass alloy, PVC, glue and board grade | Whether a substituted material changes the result |
How Clear To Load checks this in India
Send us the approved Prop 65 artwork and your decision for each SKU. During a pre-shipment inspection the inspector checks the label on sampled units and cartons and compares materials with your test reports, for furniture, brassware and other home décor. If you need content tests, we pull and seal samples for an accredited lab you choose through lab testing coordination.
The report arrives within 24 hours with a verdict of Cleared to load, Hold or Not cleared. Whether to warn remains your legal decision. Book an inspection to add these checks.
Sources
- OEHHA: Proposition 65 Clear and Reasonable Warnings, safe harbor methods and content
- OEHHA: Final Statement of Reasons, short-form warning amendments (2024)
- P65Warnings.ca.gov: Are any businesses exempt from Proposition 65?
- OEHHA chemical listing: Lead
- OEHHA letter: Wood dust exposure to consumers of finished furniture (June 2024)
- California Attorney General: Proposition 65 FAQ