AHPA guidance documents

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.

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.

The American Herbal Products Association (AHPA) published slack-fill guidance in 2016 and revised the document in 2019 to help the regulated supplement industry inform consumers and comply with all relevant federal requirements.

This document was first published in September 2010 and updated in March 2018. It provides a basic understanding of products liability insurance and the processes involved in purchasing this insurance by dietary supplement companies.