California's Proposition 65 (officially the Safe Drinking Water and Toxic Enforcement Act of 1986) is one of the most far-reaching consumer protection laws in the United States. It requires businesses to provide "clear and reasonable" warnings before knowingly exposing individuals to chemicals on the Prop 65 list, which currently includes over 900 substances known to cause cancer, birth defects, or other reproductive harm.
For chemical product companies, Prop 65 compliance isn't just about slapping a warning on a label. It's about understanding which chemicals trigger the requirement, what constitutes a compliant warning, and where that warning needs to appear. And in 2026, there are new developments worth paying attention to.
What's New: Safe Harbor Warnings for Items That Accompany Consumer Goods
One of the most significant recent clarifications from OEHHA (the Office of Environmental Health Hazard Assessment, which administers Prop 65) addresses where safe harbor warnings can and should appear.
In a December 2025 guidance document, OEHHA clarified that consumer product safe harbor warnings apply to items that accompany the purchase of consumer goods. This includes:
- • Receipts
- • Labels and tags
- • Product stickers
- • Shipping materials and packaging
- • Instructions and manuals
This applies whether the purchase is made in person or online. The implication is significant for e-commerce sellers: if you ship a product to a California consumer, the Prop 65 warning can appear on the shipping label, packing slip, or product packaging, not just on the product itself.
Source: OEHHA guidance document, December 2025: "BPS in Receipts and Shipping Labels" View the full document (PDF)
Safe Harbor Warning Requirements (Reminder)
Since August 30, 2018, Prop 65 safe harbor warnings must include:
- 1The name of at least one listed chemical causing the exposure
- 2The specific type of harm (cancer, reproductive harm, or both)
- 3The URL www.P65Warnings.ca.gov
- 4The warning symbol (yellow triangle with exclamation mark) for on-product warnings
What This Means for Chemical Product Companies
If you're manufacturing or distributing chemical products that contain Prop 65-listed chemicals, here's what you should be thinking about:
Review your formulations against the current Prop 65 list
The list is updated regularly. A chemical that wasn't listed when you launched your product may be listed now. OEHHA maintains the current list at oehha.ca.gov/proposition-65/proposition-65-list.
Audit your current warnings
If you're still using pre-2018 generic warning language, it no longer qualifies for safe harbor protection. Update to the current format.
Consider your e-commerce exposure
If you sell online and ship to California, you need a warning strategy that covers the online listing, the shipping materials, and/or the product packaging.
Stay current on OEHHA notices
OEHHA publishes proposed and final regulatory actions regularly. Prop 65 related regulations are available through the OEHHA Proposition 65 page.
We Know This Is a Lot
Prop 65 compliance can feel overwhelming, especially when you're also managing OSHA HCS requirements, consumer labeling, and potentially international regulations on top of it. You're not expected to be an expert in all of this. That's what we're here for. If you're unsure whether your products trigger Prop 65 or whether your current warnings meet the safe harbor requirements, we can help you figure it out.