Proposition
65
Compliance
Consulting
Safe Drinking Water and Toxic Enforcement Act of 1986
California Proposition 65 requires businesses to provide clear and reasonable warnings before exposing consumers to chemicals known to cause cancer, birth defects, or other reproductive harm. With over 900 listed chemicals and aggressive private enforcement through bounty-hunter lawsuits, Prop 65 is one of the most consequential product compliance regulations for any company selling consumer goods in the United States.
Client Compliance Dashboard
A snapshot of the live reporting dashboard our clients receive.
Prop 65 Assessments and Warning Determinations
We deliver defensible Prop 65 compliance assessments that document your warning determination, quantify exposure levels against safe harbor thresholds, and provide the evidence trail you need if a 60-day notice arrives.
- Chemical risk assessment against the full Prop 65 listed substances
- Warning determination with safe harbor language when required
- Supplier substance inquiry data to quantify exposure levels
- Documentation to support no-warning determinations where applicable
Is Your Business In Scope?
Any business with 10 or more employees that sells products in California - or whose products could end up in the hands of California consumers - is subject to Prop 65. This includes manufacturers, importers, distributors, and retailers.
Because California is the world's fifth-largest economy, most companies selling in the U.S. are effectively within scope. The obligation follows the product, not the seller's location.
What Compliance Requires
- Provide clear and reasonable warnings for products that expose consumers to listed chemicals above safe harbor levels
- Warnings must comply with specific format, content, and placement requirements updated in 2018
- No pre-market testing or certification is required, but the burden of proof falls on the business if challenged
- Private enforcers (bounty hunters) can file 60-day notice letters and lawsuits seeking penalties and legal fees
- Settlements and judgments are public record and can damage brand reputation with retail partners
- Over 900 chemicals on the Prop 65 list across cancer and reproductive toxicity categories
- Safe harbor levels (NSRLs and MADLs) exist for some but not all listed chemicals
- Private enforcement generates thousands of 60-day notices per year
- Average settlement costs range from $30,000 to $200,000+ per case
- Common targets: lead in consumer products, cadmium in jewelry, phthalates in plastics, acrylamide in food
Where Businesses Get Caught
Most Prop 65 enforcement actions are not the result of wilful non-compliance. They stem from these avoidable gaps in program design and documentation.
What We Do for You
We assess your products, determine your warning obligations, and build the documentation to defend your position - whether that means deploying a warning or demonstrating why one is not required.
Do not ignore it. Private enforcers allow 60 days to correct violations before filing suit. Immediate scoping and documented remediation can materially reduce your exposure. Contact us within 24 hours for priority intake.
Contact Us NowFixed fees. Audit-ready outputs. All 3TGs engagements are scoped and priced upfront - no hourly billing, no scope creep. Every deliverable is structured for regulatory audit and litigation defense from day one.
Need Prop 65 Compliance Support?
We assess your products, determine your warning obligations, and build the documentation to defend your position.