Every manufacturer and retailer that introduces products into California is potentially responsible for compliance 
with California’s Proposition 65. Proposition 65, enacted in November 1986, contains an ever-growing list of more than 800 chemicals deemed by the State to pose a risk of cancer or reproductive harm to state residents.
Prop 65 requires
The State of California to identify chemicals that could potentially cause cancer, birth defects, or reproductive harm. Each new chemical discovered is added to a list managed by the state. The list total is over 800 chemicals and counting.
Businesses to warn consumers of any possible exposure to one of the chemicals on the list, despite the actual amount of ingredient or realistic risk of exposure. To accomplish this, businesses are required to post in-store signs and/or warning labels on specific products.
What kinds of foods and products are impacted by Prop 65?
Almost all foods contain certain levels of one or more of the substances/chemicals (arsenic, cadmium, lead and mercury) recognized by the State of California. In many cases, the exposure levels established by Proposition 65 are less than what occurs naturally in fruits, vegetables, grains, and even drinking water.
The limits established by Proposition 65 are as follows:
- Arsenic: 10 micrograms
- Cadmium: 4.1 micrograms
- Lead: 0.5 micrograms
Vitamin/supplement products containing all natural ingredients are naturally going to contain these substances.
Legal options available
If a private citizen is successful in proving that a violator caused an exposure to a chemical known to cause cancer or reproductive harm, the Court can impose civil penalties, or fines, of up to $2,500 per day for each violation. The court can also order the violator to reformulate its product to eliminate the toxic chemical, stop selling its product in California, or provide a Prop 65 warning that the product contains a chemical known to the State to cause cancer or reproductive harm.
Although Prop 65 mandates that the Prop 65 warning be provided with consumer products containing chemicals known to cause cancer or reproductive harm, it is through enforcement actions that private enforcers are able to obtain agreements from businesses to go above and beyond the requirements of Proposition 65 by reformulating their consumer products to reduce or eliminate the presence of such chemicals.
Where can I learn more about Prop 65?
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