American Herbal Products Association (AHPA) > 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

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.

CA Prop 65 Guidance for Hemp Products

Regulatory and liability implications of Proposition 65 for hemp and hemp-derived products

AHPA has published Guidance on California Proposition 65 and Hemp Products to educate the hemp industry about the regulatory and liability implications of Proposition 65 for hemp and hemp-derived products, including cannabidiol (CBD), sold in the State of California.

AHPA President Michael McGuffin presents on CA regulations that impact the supplement industry at ACI Conference

AHPA provides several resources to help navigate CA regulations

American Herbal Products Association (AHPA) President Michael McGuffin discussed significant California regulations that impact the dietary supplement industry at the American Conference Institute's (ACI's) seventh annual Legal, Regulatory, and Compliance Forum on Dietary Supplements held in New York City June 18-20.

AHPA urges specificity in OEHHA review of scientific data on cannabis

May 8, 2019: Scientific review should be specific to route of consumption and part of the plant

In a letter to California’s Office of Environmental Health Hazard Assessment (OEHHA), AHPA strongly recommends that the office ensures that the Developmental and Reproductive Toxicant Identification Committee (DARTIC) sufficiently differentiates between the parts of the cannabis plant and the route of exposure when it reviews scientific literature to determine if certain cannabis articles should be listed under Proposition 65 as causing reproductive toxicity.

Proposition 65 definition of 'nickel (soluble compounds)' posted

OEHHA action may require warnings by Oct. 26, 2019

California's Office of Environmental Health Hazard Assessment (OEHHA) on May 2, 2019 posted a definition of “nickel (soluble compounds)” to clarify the scope of the agency’s listing last October of these compounds as chemicals known to the state to cause reproductive toxicity for purposes of Proposition 65.

Guidance on California Proposition 65 for herbal products

Updated August 2018, this guidance covers heavy metals, naturally occurring substances and two processed botanicals

Updated Proposition 65 guidance informs the herbal products industry about legal liabilities related to naturally occurring substances in some natural products sold in the state of California

Prop 65 Safe Harbor Warning Requirement Changes Aug. 30

New requirements apply to products manufactured after Aug. 30

New regulations for California Proposition 65 (Prop 65) warning labels will go into effect on August 30, 2018 and apply to products manufactured after that date.

California court affirms Prop 65 lead MADL at 0.5 mcg per day

Appeals Court rejects lawsuit challenging established standard for Proposition 65 warnings

On June 5, 2018, the California Court of Appeal ruled against private plaintiff Mateel Environmental Justice Foundation (Mateel) and upheld the current 0.5 microgram per day safe harbor for lead, as set in 1989 by the predecessor agency to the Office of Environmental Health Hazard Assessment (OEHHA). The ruling has since been finalized by the Court. Mateel had sought to force OEHHA to repeal the regulations for setting a “maximum allowable dose level” (MADL) for lead as a reproductive toxicant and to revoke the safe harbor for lead. 

AHPA submits comments on coumarin to California's Office of Environmental Health Hazard Assessment

April 2017: Coumarin is a natural constituent of some food plants

The American Herbal Products Association (AHPA) submitted comments this week in response to the California Office of Environmental Health Hazard Assessment's (OEHHA's) request for relevant information on the carcinogenic hazards of the chemical coumarin (CAS No. 91-64-5).

AHPA and LifeScienceRisk Develop Prop 65 Insurance Coverage for the Dietary Supplement Industry

AHPA's comprehensive Prop 65 data used to develop innovative insurance coverage

The American Herbal Products Association (AHPA) and LifeScienceRisk (LSR) announced today a California Proposition 65 (Prop 65) coverage for the herbal product and dietary supplement industries.
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