American Herbal Products Association (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 that have been implemented in the years since the Proposition was passed place specific labeling requirements on products sold in the State of California if the product contains chemicals listed by the State as carcinogens or reproductive toxicants. Failure to provide such warnings can result in action by the California Attorney General or by “any person in the public interest.”

AHPA President Michael McGuffin is a recognized expert on Proposition 65, and AHPA has been actively involved in issues related to the law for many years. From 2008-2010, McGuffin served on a California Office of Environmental Health Hazard Assessment Food Warning workgroup, formed to assist in the development of regulatory language intended to help businesses provide necessary warning for exposures to Proposition 65 listed chemicals in food.

Background on California Proposition 65: Issues Related to Heavy Metals and Herbal Products, written by McGuffin and Trent Norris of Arnold & Porter LLP, AHPA’s counsel for California Proposition 65, is a 2008 update to a November 2004 document that provides invaluable 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. This guidance is free to AHPA members.

Office of Environmental Health Hazard Assessment (OEHHA)

OEHHA’s overall mission is to protect and enhance public health and the environment by scientific evaluation of risks posed by hazardous substances. 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, "The Safe Drinking Water and Toxic Enforcement Act of 1986", 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

California Prop 65 Webinar: A Status Update

Companies selling products in California should understand recent and developing Prop 65 changes

Recorded November 16, 2016. Member cost: $220. Nonmember cost: $520.

AHPA Prop 65 Guidance for Naturally Occurring Botanical Constituents, Goldenseal Root Powder and Aloe vera, Non-Decolorized Whole Leaf Extract

Guidance includes exemptions that may apply

AHPA issued guidance to help members understand and comply with California Proposition 65 requirements when selling products that contain goldenseal root powder, Aloe vera (non-decolorized whole leaf extract), or the naturally occurring botanical constituents pulegone and β-Myrcene.

Emergency Action on Proposition 65 warnings for Bisphenol A: Instructions for submission of product information

Prop 65 warnings for exposure to BPA are required starting May 11, 2016

AHPA is providing access to AHPA member companies to an online database created for companies to list their affected products.

Notice regarding emergency action on CA Proposition 65 warnings for exposures to bisphenol A (BPA)

Prop 65 warnings for products that cause exposure to BPA required beginning May 11, 2016

California's Office of Environmental Health Hazard Assessment (OEHHA) issued a notice of emergency action on Monday April 18 that will affect Proposition 65 (Prop 65) warnings required for foods that present an exposure to bisphenol A (BPA).

AHPA submits comments on proposed CA Prop 65 warning changes

AHPA Update

Association offers recommendations to improve Prop 65 warnings

Warning: Life causes death (Forbes)

Media Alert

The author of this article in Forbes takes a "tongue in cheek" look at what he describes as California's toxic warning labels racket, and its impact on businesses and the public in general

AHPA joins coalition opposing proposed revision to Prop 65 lead safe harbor

OEHHA proposal is problematic from both a policy and scientific standpoint

AHPA joined a coalition to express concerns about OEHHA's proposed revisions to the Proposition 65 safe harbor Maximum Allowable Dose Levels (MADLs) for lead

AHPA comments on California proposal to list goldenseal, aloe as 'known to cause cancer' under Prop 65

AHPA criticizes one of the mechanisms OEHHA uses to add substances to the Prop 65 list

AHPA submitted comments in response to OEHHA's Notice of Intent to List goldenseal root powder and Aloe vera, whole leaf extract, as known to the state to cause cancer under Proposition 65

AHPA Revises Guidance on Prop 65 Warnings for Pulegone

Does Naturally Occurring Pulegone Represent 'Exposure' Under CA Prop 65?

AHPA has updated guidance to help members understand and comply with California Proposition 65 requirements when selling products that contain pulegone, a ketonic monoterpene that is a naturally present constituent in various plant species, including mints.

Proposition 65: What's Going On?

Presented: May 20, 2015

This webinar provides an overview of several significant developments related to California's Proposition 65. Companies that sell products in California should understand these recent changes and be prepared for additional changes that are in development.
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