Proposition 65 Services
What I Do
Proposition 65 was first implemented in 1987 with the goal to provide warnings and inform the public about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm in consumer products and their environment. Overseen by the Office of Environmental Health Hazard Assessment (OEHHA), a number of chemicals have been identified as potentially causing cancer or reproductive health and have therefore been listed. Ultimately, if exposure to a listed substance caused by a product is not within defined safety limits, businesses are required to provide the following warning language or a variation thereof:
“WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm”
As of early 2021, there are approximately 1000 substances listed as being either carcinogenic or developmental/reproductive toxicants by the OEHHA. Only 33% of those substances have a Safe Harbour Level (SHL). This is further compounded when looking at the number of substances listed since 2011: of the 124 substances listed, only 15 have a SHLs derived by the OEHHA. Given the number of substances without SHLs, this highlights the responsibility placed on businesses in regards to Proposition 65. The ramifications of which are at best having to place the unappealing warning that your product may cause cancer and/or birth defects, or in the worst-case facing civil and/or federal lawsuits.
For chemicals with no established Safe Harbour Level, the OEHHA allows businesses to establish their own as long as the approaches employed are scientifically sound and in agreement with OEHHA practices. Accurate SHL derivation aids businesses on two fronts;
1. When exposures are determined to be below the SHLs derived by OEHHA or by businesses, no Proposition 65 warning is required
2. Confidence that accurate SHLs and exposure to products would result in favourable court judgements
What can be offered
Below is a decision tree of the process for Proposition 65 compliance where kriTOX can assist or lead at every step:
