Prop 65 Warnings for Cosmetics: Seller's Guide
Selling cosmetics and skincare online to California consumers means California Proposition 65 may apply to your listings. Cosmetics may contain listed chemicals such as lead (in pigments), titanium dioxide (airborne, unbound), and formaldehyde or formaldehyde-releasing preservatives. This guide explains when cosmetics and skincare need a warning, the exact safe-harbor wording to use, and how to stay compliant. Violations can cost up to $2,500 per violation per day, and private enforcers (often called bounty hunters) actively target online listings.
Why cosmetics and skincare can require a Prop 65 warning
Cosmetics may contain listed chemicals such as lead (in pigments), titanium dioxide (airborne, unbound), and formaldehyde or formaldehyde-releasing preservatives.
Prop 65 applies whenever a product can expose a California consumer to a listed chemical above the safe-harbor level. Because exposure — not just intentional addition — is what matters, cosmetics and skincare should be reviewed against the Prop 65 chemical list using your ingredient or materials data, and where exposure is possible, a warning should be added.
What Proposition 65 requires
Proposition 65 — the Safe Drinking Water and Toxic Enforcement Act of 1986 — requires businesses to give a "clear and reasonable" warning before knowingly exposing California consumers to any of the 900+ listed chemicals known to cause cancer, birth defects, or reproductive harm.
There is no revenue or size exemption for online sales: if you sell to anyone in California, the law applies. For e-commerce, the warning must appear on the product listing page before purchase is completed — not buried in fine print or sent only in a post-purchase email.
How to add a compliant warning
Use the standard safe-harbor warning so it is presumed "clear and reasonable." The required language is: "WARNING: This product can expose you to chemicals known to the State of California to cause cancer and/or reproductive harm. For more information go to www.P65Warnings.ca.gov." Where you know the specific chemical, name it (for example, lead or di(2-ethylhexyl)phthalate).
Do not claim a product is "Prop 65 free" or "exempt" — unsubstantiated exemption claims can themselves trigger enforcement. If no warning is required, simply omit Prop 65 language rather than advertising an exemption.
Frequently Asked Questions
Which cosmetic ingredients commonly trigger Prop 65?
Lead in colorants, unbound airborne titanium dioxide in loose powders, and formaldehyde-releasing preservatives are common culprits. Review your INCI ingredient list against the Prop 65 chemical list.
Does Prop 65 apply if my business is outside California?
Yes. Prop 65 follows the product, not the seller. If you ship to a California resident — from another US state or from overseas — the warning obligation applies to that sale.
What is the penalty for a missing Prop 65 warning?
Penalties can reach $2,500 per violation per day. Most enforcement comes from private "bounty hunter" plaintiffs who send 60-day notices of violation, and many cases settle for thousands of dollars plus attorney fees.
How do I know if my specific cosmetics need a warning?
Review the materials and ingredients against the Prop 65 chemical list, and when in doubt, have the product tested by a certified lab or use a scanning tool. If a listed chemical is present above the safe-harbor level, add the warning.
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