When is a Prop 65 Warning Required?
A warning is legally required if a product exposes consumers to any of the roughly 900 chemicals on the OEHHA list at levels that exceed established safe harbor limits. This applies to any item sold to a consumer in California, regardless of where the manufacturer is located.
There is a notable exemption: businesses with fewer than 10 employees are generally exempt from the warning requirement, though large retailers may still contractually require small vendors to comply before stocking their products.
The Mandatory Warning Symbol
For most consumer product exposures, the warning must be accompanied by a specific symbol. This symbol is an equilateral triangle with a bold black outline and a black exclamation point in the center.
The triangle must be filled with yellow. However, if the product label or packaging does not otherwise use the color yellow, the business is permitted to print the symbol in black and white. It must be placed to the left of the warning text.
Long-Form vs. Short-Form Warnings
The standard 'long-form' warning must explicitly name at least one specific chemical driving the warning for each endpoint (cancer or reproductive harm). It explicitly directs consumers to the official P65Warnings website.
The 'short-form' warning omits the specific chemical name and was designed for very small packages where space is limited. However, the OEHHA strictly regulates when short-form warnings can be used, heavily restricting their use on large packages or online product pages.
- Long-form names specific chemicals; short-form does not.
- Short-form is restricted by package size.
- Both require the word 'WARNING' in bold capital letters.
Formatting and Legibility
A Prop 65 warning must be prominently displayed so that it is likely to be read and understood by an ordinary individual prior to purchase. It cannot be hidden in dense blocks of fine print.
The type size of the warning must be no smaller than the largest type size used for other consumer information on the product, and in no case can it be smaller than 6-point font.
Frequently asked questions
Can I use a Prop 65 warning just to be safe, even if I don't know the chemical levels?
Providing a warning without assessing actual exposure is common (called 'over-warning'), but it can deter customers and California is actively trying to discourage the practice.
Does Prop 65 apply to online sales?
Yes, if a product is sold online to a buyer in California, the warning must be provided on the product display page or during checkout prior to completing the purchase.
Are small businesses exempt from Prop 65?
Businesses with fewer than 10 employees are generally exempt from providing Prop 65 warnings by law, though retail partners may still demand compliance.
What color must the warning triangle be?
The triangle must be yellow with a black outline and exclamation point, unless the label itself does not use yellow, in which case a black-and-white symbol is permitted.