Quick answer. California’s Proposition 65 requires a clear and reasonable warning before a business exposes people in California to a listed chemical that causes cancer, birth defects or other reproductive harm, unless the exposure is at or below a safe harbor level or otherwise shown not to be significant. On Amazon, you decide whether each product needs a warning and supply it through the California Proposition 65 attributes in the listing’s Compliance tab or the upload template, set at the child SKU level. Amazon says you are responsible even if you have fewer than 10 employees and even if another seller lists the same product. Warn only when an exposure calls for it, keep the evidence behind that decision, and answer any Amazon compliance email or 60-day notice with documents that match the exact product.

Most sellers first meet Proposition 65 through a supplier carton printed with a warning triangle, an email from Amazon Product Compliance, or a 60-day notice of violation from a private enforcer. Each raises the same question. Does this product expose a California consumer to a listed chemical, and if so, is the warning correct and in the right place?

We work through that question the way a compliance reviewer would. Read the request precisely, diagnose the exposure with evidence, correct the listing, and build a control so it does not happen again.

This article is educational information, not legal advice. Proposition 65 is a state law with civil penalties and private enforcement, so speak with qualified California counsel about any specific product or notice.

What Proposition 65 requires

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is administered by the California Office of Environmental Health Hazard Assessment (OEHHA). For a product seller it does two things. It requires businesses to warn Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm, and it keeps a public list of those chemicals.

The list is long and it changes

OEHHA says the list must be updated at least once a year and has grown to about 900 chemicals since 1987. Amazon’s Prop 65 help page describes it as more than 850 chemicals. A product that needed no warning at launch can involve a newly listed chemical later. OEHHA publishes the list as a PDF, an Excel file and a CSV file. Each entry shows the chemical name, its CAS number, the type of toxicity (cancer, developmental, female or male reproductive toxicity) and the date it was listed. The Excel version adds the safe harbor level where OEHHA has adopted one.

The trigger is exposure, not presence

Proposition 65 is not a ban or a content limit. A product can contain a listed chemical and still need no warning, because the duty attaches to an exposure. OEHHA’s business guidance lists three situations where no warning is required. People are not exposed to listed chemicals, the exposure is at or below a safe harbor level OEHHA has set, or the business can show the exposure poses no significant cancer risk or is substantially below the level observed to cause reproductive harm.

OEHHA sets two kinds of safe harbor levels. No Significant Risk Levels apply to many chemicals that cause cancer, and Maximum Allowable Dose Levels apply to many chemicals that cause reproductive toxicity. OEHHA’s guidance says a warning is not required for a product causing an exposure at or below the applicable safe harbor level. Where no safe harbor level exists, the business carries the burden of showing the exposure is not significant, which in practice means an exposure assessment by someone qualified to do one.

Who enforces it and what it costs

OEHHA states that the Attorney General, district attorneys, and city attorneys in cities with populations over 750,000 may enforce the law, and that any individual acting in the public interest may also file a lawsuit. The California Attorney General’s office describes civil penalties of up to $2,500 per day for each violation. Private enforcement is why Prop 65 reaches online sellers so often, because a private party can buy and test a product without any agency involved.

Who has to warn under the law, the supply chain and Amazon

The small business exemption, and why it does not help on Amazon

OEHHA’s business FAQ says a company with fewer than 10 employees is exempt from the warning requirements, and that all full-time and part-time employees count toward that number. The same FAQ cautions that small businesses may still have contractual obligations and indemnification agreements. Amazon closes the gap from its side. Its Prop 65 page says you are responsible for adding a Prop 65 warning to the products you sell in Amazon’s store even if you have fewer than 10 employees, and even if someone else is selling the same product.

Manufacturers carry the primary duty

Under Title 27 of the California Code of Regulations, section 25600.2, primary responsibility for consumer product warnings sits with the manufacturer, producer, packager, importer, supplier or distributor. That business either labels the product, or gives written notice and warning materials to the retailer’s authorized agent and receives an acknowledgment. OEHHA notes that this notice includes content for internet sales and must be renewed at least annually. The retail seller then places and maintains the warning materials it receives.

A brand owner who imports or manufactures sits at the top of that chain. A reseller passes along the warning received from the manufacturer or supplier. Either way, the Amazon seller enters the attribute.

What Amazon requires of every seller

Amazon’s Prop 65 policy covers all existing and new listings. You must determine whether the product needs a warning, provide the correct warning through the listing attributes and not by email, pass along the manufacturer’s warning if you are not the manufacturer, and set warnings on child SKUs. Amazon’s restricted products policy adds that products must comply with all applicable laws and regulations.

Our listing recovery team can take the case from first review to final submission.

How to decide whether your product needs a warning

OEHHA says each business decides whether its own products require a warning. Treat it as a documented diagnosis, worked in this order for every ASIN.

Start with what the product is made of

Build a materials list for the exact product and variation, covering base materials, coatings, plastics, inks, finishes, metal parts, adhesives and ingredients. Ask the manufacturer for a bill of materials, safety data sheets and any test reports.

Compare against the current list

Download the current OEHHA list and search every chemical by name and CAS number, noting the toxicity type and any safe harbor level in the Excel version. If nothing on the list appears and the supplier’s documents support that, record a no-warning decision.

Ask whether a consumer is exposed, and how much

When a listed chemical is present, the question becomes exposure, meaning how the product is used, the route (touch, ingestion, inhalation) and how much reaches the person. That calls for an exposure assessment, usually lab testing of the finished product plus a qualified analysis against the safe harbor level. OEHHA suggests consulting a toxicologist, a laboratory, legal counsel or a trade association, and it accepts requests for a Safe Use Determination for a specific set of facts.

Record the decision and the evidence behind it

Write down the outcome for each SKU, either warning required with the chemical and endpoint, or no warning with the reason, and attach the supporting documents. That record answers Amazon’s emails and any notice.

What a safe harbor warning must say

The law asks for a clear and reasonable warning. OEHHA’s regulations in Article 6 of Title 27 describe safe harbor warnings, meaning content and methods deemed clear and reasonable, and Amazon builds its warning types around them.

The parts of a consumer product warning

OEHHA’s sample consumer product warnings begin with the warning symbol, a triangle, followed by a signal word. The signal word may be “WARNING:”, “CA WARNING:” or “CALIFORNIA WARNING:”. The full-length warning for a carcinogen is “This product can expose you to [name of chemical], which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov.” Versions exist for reproductive toxicants, for products with both kinds of chemicals, and for a chemical listed for both endpoints.

The short-form warning is changing

The short-form warning is a condensed version for small labels. OEHHA’s FAQ states that the amended regulations are effective January 1, 2025, and that from January 1, 2028, businesses must use the new language if they wish to use a short-form warning. The new short form must include at least one listed chemical name for each endpoint it covers. OEHHA’s sample for a carcinogen is “Cancer risk from exposure to [name of chemical]. See www.P65Warnings.ca.gov.” with an alternative of “Can expose you to [name of chemical], a carcinogen.”

The older short form, which named no chemical, may be used only on products manufactured and labeled before January 1, 2028, regardless of when they are sold. OEHHA’s FAQ also says short-form warnings must be in a type size no smaller than 6-point, and that a short form cannot be used where a tailored warning applies unless the tailored warning allows it.

Tailored warnings for specific products

Some products have their own safe harbor wording, among them foods, furniture, alcoholic beverages, raw wood, passenger and off-road vehicles, recreational vessels and diesel engines. Amazon mirrors these with dedicated warning types, and the displayed text points to a specific page on P65Warnings.ca.gov, such as the food or furniture page.

Warnings for online sales

Selling online does not take a sale outside Proposition 65. OEHHA’s business FAQ explains that for internet purchases, a warning must be provided on or with the product under section 25602(a), and also online. The website must display the warning on the product display page, provide a clearly marked hyperlink using the word “WARNING” on that page, or otherwise prominently display the warning to the purchaser before the purchase is completed.

Timing rules that affect listings

OEHHA’s FAQ says that when a consumer product with a short-form warning is changed, an internet retailer has up to 60 calendar days to display the new warning online after receiving notice of the update. OEHHA’s statement of reasons for the 2024 amendments explains that text or email warnings sent after purchase do not qualify for safe harbor, so on Amazon the attribute itself must be right.

Out-of-state sellers

OEHHA says nothing in the law requires warnings for exposures that occur outside California. An out-of-state retailer may limit warnings to California exposures, though businesses may choose to use the same warning everywhere. OEHHA also states that Proposition 65 applies to all businesses with 10 or more employees doing business in California. If you ship to California buyers through Amazon, assume your listings are in scope.

How Amazon’s Prop 65 attributes work

Amazon displays the warning from two listing attributes, California Proposition 65 Warning Type and, where allowed, California Proposition 65 Chemical Name. You do not write the text. Amazon generates it from your choices.

Single listings and bulk uploads

For a single listing, Amazon’s instructions are to go to Inventory, select Add a Product, click Create a new product listing, open the Compliance tab, and select the warning type and, if needed, the chemical names. For multiple listings, go to Inventory, select Add Products via Upload, choose the product classifications, generate an advanced template and fill the Prop 65 attributes in the Compliance group. If you build listings through custom feeds, Amazon says you must add the warning information using one of those two methods.

The child SKU rule

Amazon says warnings must be provided on the applicable child SKUs. A Prop 65 warning placed on a parent SKU returns an error message and the submission fails. In variation families, the warning belongs on the specific children whose materials create the exposure.

What not to send Amazon

Do not send labels, shelf signs or tags unless Amazon instructs you in writing. If a court requires a custom warning, contact Selling Partner Support.

The risk of over-warning

Faced with uncertainty, some sellers set a warning on every listing. It looks safe, but it is not.

The regulator discourages it

OEHHA’s FAQ says a business is discouraged from providing a warning that is not necessary. When every product carries one, shoppers stop reading them.

A warning has to be correct, not only present

Amazon’s policy asks you to provide the correct warning, and the attribute is listing data like any other. Naming a chemical that is not in the product, choosing a cancer warning when the exposure is reproductive, or selecting a chemical warning when the product carries a printed On Product warning all make the listing inaccurate. Amazon’s restricted products policy also warns that listings identified as purposefully inaccurate or deceptively described to get around restrictions can lead to corrective action.

It hides the real problem and costs sales

A blanket warning means nobody did the diagnosis, so when a notice names a specific chemical there is no record of what the product contains. It also puts a cancer or reproductive harm statement in front of every California shopper. Warn where the evidence shows an exposure, record why other products need none, and revisit both when anything changes.

Where to verify each part of your Prop 65 decision

Every claim in your Prop 65 record should point to a source you can show.

See also Amazon Permanent Deactivation.

How to respond to a Prop 65 notice or listing issue

Prop 65 problems arrive through two doors. One is Amazon, usually a Product Compliance email. The other is the legal process, usually a 60-day notice of violation. Both start with reading exactly what is asked.

When Amazon asks you to update listings

Read the email for the specific ASINs and the instruction, and follow it. Amazon’s statement that no action is required when listings need no warning applies only when a documented exposure decision supports it. If the product needs a warning, set the correct type and chemicals on each child SKU and check the live page.

If a compliance request asks for documents, the standard is the same as any product compliance case. Documents must be genuine, match the exact product and meet the current standard. A certificate for a similar product or an outdated report will not answer the request. Where a qualifying document does not exist, the legitimate path is testing the actual product at an accredited lab. Never alter, edit or buy a document to fill a gap. Compliance documents are verifiable, and a falsified one turns a listing problem into a fraud problem. Our guide to forged or manipulated documentation suspensions explains how Amazon treats that kind of record question.

When a 60-day notice arrives

A private party may sue under Proposition 65 only after giving at least 60 days’ notice of the alleged violation to the business and to the Attorney General, the appropriate district attorney and city attorney, and only if those public prosecutors have not taken action. The Attorney General’s office says private enforcers must provide copies of their 60-day notices and supporting documents, and the office makes that information searchable through its 60-day notice search.

The Attorney General’s FAQ suggests retaining defense counsel, contacting the noticing party to discuss the claims and ask for any testing they will share, testing the product or obtaining an exposure assessment, and, if the claim appears valid, stopping sales, recalling or providing proper warnings. OEHHA’s FAQ adds that a retail seller who learns of a violation only through a 60-day notice may have five business days after receiving it to correct the alleged violation under section 25600.2. For four specific situations (alcoholic beverages, food or beverages for immediate consumption, tobacco smoke, and indoor parking garage engine exhaust) a business has 14 days to correct, and the FAQ cites Health and Safety Code section 25249.7(k) for 30 days to pay the civil penalty in those cases. All Prop 65 settlements must be provided to the Attorney General and are posted on its website.

Diagnose the root cause before you change anything

Start with the diagnosis. Identify the ASIN, variation, chemical and endpoint, and whether the warning is missing, wrong or misplaced. Then find the root cause, such as a supplier warning never passed on, a material changed without notice, a custom feed that skipped the attributes, a warning placed on the parent, or no exposure decision at all. Name the wrong cause and the fix will not hold.

Correct, then prove the correction

Corrective actions are the changes you made, with proof, such as attributes updated on each child SKU with dated screenshots, label artwork corrected, the lab report obtained and the supplier notice filed. If the product cannot meet a requirement, stop selling it rather than paper over it.

Build controls that keep it fixed

Preventive controls name an owner and a date. They cover who checks the OEHHA list, who signs off new SKUs, which supplier clause requires warning and material change notices, and who audits listing output each quarter. If a Prop 65 problem has become an Account Health issue, the same three-part structure applies to any appeal, and our guide to writing a plan of action that will not be ignored shows how to present it.

Related guides include Amazon Seller Challenge and Amazon “Not as Described” Complaints.

Mistakes that turn a Prop 65 question into a penalty

Most Prop 65 listing problems come from treating the warning as a checkbox rather than a decision.

• Copying a warning from a competitor or a carton without knowing which chemical it covers.
• Ignoring the supplier’s notice, the main channel the law uses to pass a warning down the chain.
• Letting variations drift, so a new color or material never gets its own check.
• Bypassing the attributes with custom feeds or old templates that leave the Compliance group blank.
• Treating the decision as permanent while the list, the materials and the short-form rules change.
• Answering a 60-day notice alone, or deleting listings without preserving records.

For the wider product safety picture, see how safety issues lead to Amazon suspensions and the category rules in restricted products you cannot sell.

A repeatable Prop 65 routine for your catalog

Compliance holds when it is built into how products launch and are maintained.

Before launch

• Collect the bill of materials, safety data sheets and any test reports for each variation, plus the manufacturer’s written Prop 65 notice or a written statement that none is required.
• Check each material against the current OEHHA list and record the decision per child SKU.
• Choose the warning type and chemical names, and confirm any printed label matches the attribute.

On a schedule

• When OEHHA updates the list, compare new entries against your materials records.
• Once a year, ask each supplier to confirm materials and renew its warning notice, which section 25600.2 expects at least annually.
• Each quarter, export your listings and confirm the Prop 65 attributes are filled on every child SKU where the decision calls for a warning.
• Before January 1, 2028, review any product labels that use the old short form and plan the new short-form content for production made on or after that date.

When something changes

• If a supplier changes a material, rerun the decision for those SKUs.
• If a 60-day notice arrives, call counsel, preserve records and test the product.

If Prop 65 data is wrong, other fields often are too. Our guide to fixing listing issues covers that cleanup. For the safety and compliance work we handle, see our product safety and quality service.

Frequently Asked Questions

Do I need a Prop 65 warning if my product contains a listed chemical?

Not automatically. OEHHA says no warning is required if there is no exposure, if the exposure is at or below a safe harbor level, or if the business can show the exposure is not significant. You need evidence to rely on any of those.

Does the under 10 employees exemption apply on Amazon?

The law exempts businesses with fewer than 10 employees, but Amazon says you are responsible for the Prop 65 warning on products you sell in its store regardless of headcount.

Why did my Prop 65 submission fail?

A common cause is setting the warning on a parent SKU. Amazon says a warning on a parent produces an error and the submission fails. Set it on the applicable child SKUs instead.

Can I email the warning to customers instead?

No. Amazon asks for the warning through its listing tools, not by email, and OEHHA explains that text or email warnings sent after purchase do not qualify for safe harbor.

What changes on January 1, 2028?

OEHHA says businesses that use a short-form warning must use the new content from that date, which names at least one chemical per endpoint. The old short form may remain on products manufactured and labeled before then.

What should I do first when I receive a 60-day notice?

The California Attorney General suggests retaining defense counsel, contacting the noticing party, and testing the product or getting an exposure assessment. If the claim appears valid, stop sales, notify retailers or provide proper warnings.

Get Help With Prop 65 and Product Compliance Issues

If a Prop 65 request or listing problem has put your products or account at risk, every change in the response has to be backed by genuine documents. Submit your case for a review, or book a consultation to set up a compliance routine for your catalog. For a 60-day notice, work with qualified California counsel alongside us.

This is general educational information based on Amazon help pages and California government guidance reviewed at the time of writing, not legal advice. Proposition 65 rules, the chemical list and Amazon’s tools change, so confirm current requirements with OEHHA, the California Attorney General and Seller Central before you act. Nothing here guarantees any outcome, timeline or reinstatement.

Our listing recovery team can take the case from here. If the account itself is restricted, start with our Amazon suspension service. You can also see all our marketplace suspension services.

Sources

• Amazon Seller Central: California Proposition 65 (Prop 65)
• Amazon Seller Central: Restricted products
• OEHHA: About Proposition 65
• OEHHA: The Proposition 65 List
• OEHHA: Proposition 65 Law and Regulations
• OEHHA: Final Statement of Reasons, Safe Harbor Warning Methods and Content amendments
• P65Warnings.ca.gov: Businesses
• P65Warnings.ca.gov: Frequently Asked Questions for Businesses
• P65Warnings.ca.gov: Sample consumer product warning for listed carcinogens
• California Attorney General: Proposition 65 FAQ
• California Attorney General: 60-Day Notice Search