What is Prop 65?
Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act of 1986, protects California residents from chemicals in consumer products known to cause cancer or reproductive harm. Prop 65 requires businesses to provide clear warnings if their products contain any of the 900+ chemicals on the list, which can be found in ingredients in pesticides, household products, drugs, dyes, and even food. While Prop 65 compliance is critical for physical product labels, many businesses overlook their online presence. Websites that sell products in California must comply with Prop 65 requirements by providing clear warnings in digital formats. Failing to do so could result in lawsuits and hefty fines.How to Make Your Website Prop 65 Compliant
- Clear Warnings: If your products contain any of the more than 900 chemicals listed under Prop 65, your website’s product display page (PDP) must clearly warn California residents about potential exposure to those chemicals.
- Proper Placement: The warnings must be visible, easy to understand, and located in places where customers will see them before completing their purchase, such as on product pages, checkout pages, or in the shopping cart. This is called Pre-Notice.
- Optional Additional Information: For customers seeking more details about chemical exposure, websites must provide easy access to additional information, such as a link to a page that lists all chemicals and their potential effects.
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WARNING: This product can expose you to chemicals including BBP and/or Lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For more information, go to www.P65Warnings.ca.gov.
Why Prop 65 Compliance is Crucial for Your Website
Legal Obligations: The penalties for non-compliance can be severe. California law allows private citizens to file lawsuits for violations, with fines of up to $2,500 per violation per day. Not to mention, defending against a Prop 65 claim can be just as costly and time-consuming. Lawsuits can also be filed by the Attorney General’s Office, consumer advocacy groups, district attorneys, and law firms that target websites, Amazon and Walmart sellers.
Consumer Trust: Providing clear and accurate warnings helps build trust with your customers. If a product contains a chemical listed under Prop 65, customers appreciate the transparency and can make informed decisions about their exposures to these chemicals. Customers are more likely to purchase from a business that takes safety seriously.
Reputation: The risk of a lawsuit or a publicized violation can damage your brand’s reputation. By proactively addressing Prop 65 compliance, you can avoid these issues and maintain a positive image among your customers.
How EcomBack Can Help Your Website
At EcomBack, we specialize in helping e-commerce businesses like yours achieve Prop 65 compliance. Our team of experts can assist in implementing the necessary measures to stay on the right side of the law.
Our services include a review of your website and product catalog to identify potential Prop 65 risks. We may recommend you speak to attorney that can provide legal guidance as we are not lawyers and do not offer legal guidance.
Our technical audit will help determine which products require warnings and where those warnings should be placed. There’s also a remediation process that helps you achieve Prop 65 compliance, which involves improving labeling practices and other necessary changes to create meta fields, and product display recommendations.
Compliance with Prop 65 is not optional—it’s a legal requirement for any business selling products in California. By partnering with EcomBack, you can protect your business from potential legal action and ensure your products are safe for consumers.
