CALIFORNIA PROPOSITION 65

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. The warnings are intended to help California consumers make informed decisions about their exposures to these chemicals from the products they use.
The California Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program and publishes the listed chemicals, which includes more than 900 chemicals. OEHHA amended the Proposition 65 warning regulations in 2024. The amendments became effective January 1, 2025. Businesses using the existing short-form warnings have a three-year transition period to the new short-form content, through January 1, 2028.

Visit the new Proposition 65 warnings for more background details. Proposition 65 and its regulations

You may have seen the following warning associated with certain Elite Gourmet® brand products, as well as on other products purchased from other manufacturers:

WARNING: Proposition 65 warning language may vary depending on the listed chemical and type of exposure. Under the amended short-form warning regulations, the warning identifies at least one listed chemical associated with the relevant cancer and/or reproductive-harm endpoint. Products using compliant existing short-form warnings may continue during the applicable transition period.

What is this warning about?

This warning is the result of a unique law passed in California in 1986 called “Proposition 65.” Proposition 65 requires a warning before a business knowingly and intentionally exposes a person to a listed chemical, unless the exposure is sufficiently low that a warning is not required under Proposition 65. The Proposition 65 list includes more than 900 chemicals that California has identified as causing cancer, birth defects, or other reproductive harm. These chemicals may occur naturally or be present in products and the environment.

As explained below, failure to provide a required warning can result in significant costs and penalties in California.

Is this product safe to use?

Elite Gourmet® products, Switch brand products and Americana brand products are intended to be used in accordance with their instructions and applicable product-safety requirements. A Proposition 65 warning does not necessarily mean that a product violates product-safety standards. It means the business is providing notice of a potential exposure to one or more chemicals on California’s Proposition 65 list.

I purchased this product outside of California. Why are you providing the Proposition 65 warning to me?

Elite Gourmet® products are sold throughout the U.S. to retailers with national distribution. Each distribution warehouse can and does serve multiple states, including California. To help ensure products distributed into California carry applicable warnings, we may include Proposition 65 warnings on products sold outside California as well.

If the product is safe, why does Elite Gourmet® include this warning?

For purposes of Proposition 65, compliance with other federal or state product-safety standards does not by itself determine whether a Proposition 65 warning is required. Businesses are required to provide a clear and reasonable warning before knowingly and intentionally exposing anyone to a listed chemical unless the business can establish that the anticipated exposure is below the applicable level requiring a warning. OEHHA has established safe-harbor levels for many listed chemicals. Elite Gourmet® may provide a Proposition 65 warning when applicable based on the product and potential exposure.

Doesn’t the State of California require evidence of harm to humans prior to placing a chemical on the Proposition 65 list?

Proposition 65 provides several mechanisms for adding chemicals to the list. A chemical may be listed based on determinations by California’s qualified experts, authoritative bodies, certain state or federal agencies, or other mechanisms specified by law. The evidence and listing basis therefore depend on the particular chemical.

What is BPA?

BPA (Bisphenol A) is a chemical used in the manufacture of certain polycarbonate plastics and epoxy resins and has had various food-contact and industrial uses. BPA is included on California’s Proposition 65 list for female reproductive toxicity.

Can a chemical be on the Proposition 65 list even though it is permitted or regulated by federal agencies such as the FDA or EPA?

Yes. Proposition 65 is a California right-to-know law with its own chemical-listing and warning requirements. A chemical’s Proposition 65 listing or warning requirement is separate from whether a particular use is permitted or regulated under federal law. Whether a warning is required depends on the listed chemical and the anticipated exposure under Proposition 65.

 

Reference: California Office of Environmental Health Hazard Assessment (OEHHA), Proposition 65 law, regulations, business guidance, and 2024 amendments to short-form warning regulations.