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

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.

Background on California Proposition 65: Issues Related to Heavy Metals and Herbal Products

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[Archive: This guidance was updated in 2017.] This guidance provides information on the regulatory and liability implications of Proposition 65 on heavy metals that may be present in herbal products sold in the State of California.

Guidance on heavy metals: Analysis and limits in herbal dietary supplements

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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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