[Home](/)/[Resources](/resources)/Prop 65 for Electronics USCalifornia # California Prop 65 for Electronics: Warning Obligations for Hardware Companies Proposition 65 is one of the most litigated product safety laws in the US. If you sell hardware into California — even through a third-party marketplace — you need to know which chemicals trigger warning obligations, what a compliant label looks like, and how to build a defensible exposure assessment programme. Copy Link[Share on WhatsApp](https://wa.me/?text=https%3A%2F%2Fkrono-labs.com%2Fguides%2Fus-prop-65-electronics) At a glance Law Proposition 65 (Safe Drinking Water and Toxic Enforcement Act 1986) Administrator OEHHA (Office of Environmental Health Hazard Assessment) Listed chemicals 900+ Threshold No Significant Risk Level (NSRL) or MADL ## What Prop 65 means for electronics companies ### Prop 65 scope for electronics Any product sold in California that exposes consumers to a Proposition 65-listed chemical above the safe harbour level requires a clear and reasonable warning. Electronics are a primary target due to chemicals commonly present in cables, coatings, batteries, and plastics — making hardware companies one of the most frequently cited product categories in Prop 65 enforcement actions. ### Electronics-specific listed chemicals Several chemicals commonly found in electronics are subject to Prop 65 warnings: lead (in solder and PVC cable insulation), DEHP and other phthalates (in cable jackets and gaskets), cadmium (in NiCd batteries), TBBPA (used as a flame retardant in PCBs), BPA (in epoxy resins), and formaldehyde released from pressed materials. The OEHHA list now exceeds 900 chemicals and is updated regularly. ### Warning label requirements since August 2018 Post-2018 regulations require the signal word "WARNING", the yellow triangle symbol with exclamation mark, a specific warning statement citing the chemical and exposure route, and a URL linking to the official Prop 65 warnings website. The warning must appear on the product, its packaging, or — for online sales — on the product detail page prior to purchase. ### Safe harbour vs exposure assessment Companies can use OEHHA safe harbour levels — NSRLs (No Significant Risk Levels) for carcinogens, and MADLs (Maximum Allowable Dose Levels) for reproductive toxicants — to determine whether a warning is legally required. If a properly conducted exposure assessment shows consumer exposure falls below these thresholds, no warning is needed. This assessment must be defensible in litigation. ## Building a Prop 65 compliance programme 01 Screen your product's materials against the current Prop 65 list, available at P65Warnings.ca.gov. Focus on lead, phthalates (DEHP, DBP, BBP), cadmium, and flame retardant chemicals such as TBBPA that commonly appear in PCBs, cables, and battery housings. 02 Determine exposure levels by obtaining chemical concentration data from suppliers and conducting or commissioning a consumer exposure assessment. Compare estimated consumer exposure against OEHHA NSRLs (for carcinogens) and MADLs (for reproductive toxicants) for each chemical of concern. 03 If exposure cannot be confirmed below safe harbour levels, apply a short-form or long-form Prop 65 warning as required by the 2018 regulation. Choose between a label, hang-tag, or online warning based on product type and sales channel — for products sold primarily online, the warning must appear on the product listing page before the consumer adds the item to their cart. 04 For products sold on Amazon or other California-accessible online marketplaces, include Prop 65 warnings on the product detail page. Amazon and other major retailers may also require Prop 65 compliance documentation — including exposure assessments or safe harbour determinations — before permitting or retaining active listings. 05 Maintain complete records of exposure assessments, safe harbour determinations, and warning text decisions. Prop 65 litigation is plaintiff-driven: private enforcers ("bounty hunters") file the vast majority of actions. Documented exposure assessments and evidence of a reasonable warning programme are the primary defences against a 60-day notice of violation and ensuing lawsuit. ## Frequently asked questions ### Does Prop 65 apply to products sold online to California consumers? Yes. Proposition 65 applies to any product sold to California consumers, including products sold through e-commerce. For online sales, the warning must appear on the product's detail page before the consumer completes their purchase — a warning only inside the box is insufficient. Major platforms like Amazon enforce this requirement independently and may remove listings that lack the required warnings. ### What is the difference between an NSRL and an MADL? NSRLs (No Significant Risk Levels) apply to chemicals listed as carcinogens — they represent the exposure level that would cause no more than one excess case of cancer in 100,000 people exposed over a 70-year lifetime. MADLs (Maximum Allowable Dose Levels) apply to chemicals listed as reproductive toxicants — they represent the level at which no observable reproductive effect is expected, with a 1,000-fold safety factor applied. A product that exposes consumers below both relevant thresholds does not require a warning. ### Is lead in RoHS-compliant solder still a Prop 65 concern? RoHS compliance and Prop 65 compliance are entirely separate obligations. RoHS restricts lead in homogeneous materials above 0.1% by weight, but RoHS-compliant lead-free solder still contains trace lead and is not automatically below Prop 65 safe harbour levels. Consumer exposure to lead from handling a product, touching solder joints, or from dust must be assessed against the Prop 65 MADL for lead (0.5 µg/day for reproductive toxicity). Many manufacturers apply a Prop 65 lead warning regardless of RoHS status. ### What are the penalties for failing to provide Prop 65 warnings? Civil penalties for Prop 65 violations can reach $2,500 per day per violation. Because actions are typically brought by private enforcers — not the California Attorney General — and the burden of proof falls on the defendant to demonstrate that exposure is below safe harbour levels, the litigation cost alone is often the primary deterrent. Settlements commonly include injunctive relief (requiring warnings going forward), civil penalties, and plaintiff's attorney's fees, which can exceed $50,000 for a straightforward case. **Disclaimer:** Educational resource only. Regulatory requirements change and vary by product category. Consult an accredited test laboratory or qualified compliance engineer before making certification decisions. 🇺🇸 US roadmap for your product Every standard, document, and test that applies — free, no account required. See your free roadmap[ Want an expert to take your product through 🇺🇸 US compliance for you? One consultant from Krono's compliance team takes your product from requirements to legal sale, with a fixed quote before any work starts. 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