Proposition 65 (California)

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is why so many products and buildings carry the warning that they can expose you to chemicals "known to the State of California to cause cancer" or reproductive harm. California maintains a list of such chemicals, including lead, acrylamide, benzene, and many others, and the law has two main rules: businesses cannot knowingly discharge listed chemicals into drinking water sources, and they must warn people before exposing them.

Under California Health and Safety Code section 25249.6, no person in the course of doing business shall knowingly and intentionally expose anyone to a listed chemical without first giving clear and reasonable warning. Exposures below certain safe harbor levels do not require a warning.

Enforcement is unusual. Besides the state attorney general and local prosecutors, private parties can sue "in the public interest" after giving 60 days' notice. Violators face civil penalties of up to $2,500 per day for each violation. Private enforcers file thousands of notices each year, often over lead or heavy metals in foods, supplements, and consumer goods.

Prop 65 is not a consumer injury law. It does not require proof anyone was harmed and does not pay consumers directly; penalties go mostly to the state, with a share to the enforcer. But Prop 65 testing and notices often reveal contamination that later supports consumer class actions over labeling. See our pages on toxic baby food, heavy metals in candy, and California class action settlements.