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Proposition 65 compliance - California - USA

Proposition 65, also known as the Safe Drinking Water and Toxic Enforcement Act, was passed in 1986 to protect California residents from exposure to toxic substances through environmental exposure, drinking water or the products they purchase. California’s Office of Environmental Health and Hazard Assessment (OEHHA) administers the program and ensures public awareness of toxic substances.

Substances listed under Proposition 65 are known to the state to cause cancer, birth defects, reproductive or developmental harm. If a business fails to label products appropriately that contain listed substances under Proposition 65 regulations, they may be prosecuted by the California Attorney General, district or city attorneys, or any private group acting to protect the public interest. In Proposition 65 cases, the burden of proof is placed on the defendant rather than the plaintiff and violation fines can be substantial.

TSG can help

With offices in Washington DC and Sacramento California, TSG’s consultants have over 25 years of experience addressing Prop 65 compliance issues. We routinely work with companies manufacturing and distributing larger product lines. Our staff is experienced in all aspects of Proposition 65 regulations, including:

  • Risk assessment development
  • Product line management
  • Safe harbor level determination
  • Pre-trial technical support
  • Listing/delisting
  • Training

Need help checking you’re Prop 65 compliant?

Why TSG

TSG provides companies with high-quality regulatory and scientific consulting services. We aim to understand our clients' goals and objectives, learn the scientific and technical aspects of projects and anticipate compliance challenges to plan a strategic path forward. TSG's team of experts is deadline-focused, responsive and committed to professionalism. We have the utmost respect for the confidentiality of our work, strong project management skills, and take great measure to cultivate long-term partnerships with clients.

Our professionals

TSG has a team of scientists, regulatory and environmental compliance consultants who manage all aspects of Proposition 65 compliance. To reach out to our Proposition 65 team, please contact us at [email protected].

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Useful information

Frequently asked questions

Proposition 65, also called the Safe Drinking Water and Toxic Enforcement Act, requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. Businesses face issues if they fail to label products that contain listed substances appropriately under Proposition 65

Because organizations can be prosecuted by private groups in addition to the state regulators, and because the burden of proof is on the organization being prosecuted, the likelihood of being prosecuted and having to defend a product and its labeling increases.

Contact us to set up a free consultation with one of our experts to get a better understanding of how to tackle Proposition 65.

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