Prop 65 for E-Commerce Sellers: The Complete Guide
California Proposition 65 applies to every product sold to California residents — including online sales. Here is what e-commerce sellers need to know to stay compliant and avoid costly fines.
What Is Proposition 65?
Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, requires businesses to warn California consumers about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm.
The law maintains a list of over 900 chemicals. If your product contains any of these chemicals above safe harbor levels, you must provide a “clear and reasonable” warning.
Why Prop 65 Matters for Online Sellers
Penalty Risk
Violations can result in fines of up to $2,500 per violation per day. Private enforcers (bounty hunters) actively target e-commerce sellers with non-compliant listings.
If you sell to anyone in California — even from another state or country — Prop 65 applies to you. This includes Shopify stores, Amazon listings, Etsy shops, and any other online marketplace.
Which Products Need Prop 65 Warnings?
Common product categories that frequently trigger Prop 65 requirements:
Cosmetics & Skincare
May contain lead, formaldehyde, titanium dioxide
Supplements & Vitamins
Can contain heavy metals, lead, cadmium
Jewelry & Accessories
Often contain lead, cadmium, nickel
Electronics
Cables, chargers with PVC, lead solder
Food & Beverages
Acrylamide, lead, BPA in packaging
Children's Products
Lead paint, phthalates, BPA
Home & Garden
Treated wood, pesticides, paint
Candles & Fragrances
Soot, formaldehyde, lead wicks
How to Add Prop 65 Warnings to Your Listings
1. Identify Affected Products
Check your product ingredients, materials, and components against the Prop 65 chemical list. When in doubt, test your products through a certified lab or use a scanning tool.
2. Add Warning Language
Include the standard Prop 65 warning in your product description:
⚠️ WARNING: This product can expose you to chemicals including [Chemical Name], which is known to the State of California to cause [cancer/birth defects/other reproductive harm]. For more information go to www.P65Warnings.ca.gov.
3. Place Warnings Correctly
For online sales, the warning must appear on the product listing page before the purchase is completed. It must be clear, prominent, and not buried in fine print.
Common Prop 65 Mistakes E-Commerce Sellers Make
- Using generic warnings instead of product-specific chemical names
- Placing warnings only in shipping emails (too late — must be pre-purchase)
- Assuming small sellers are exempt (there is no revenue threshold for online sales)
- Not warning for product packaging materials (BPA, PVC)
- Ignoring Prop 65 because your business is outside California
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