Prop 65 is a California law that requires businesses to provide warnings to consumers about the presence of certain chemicals in their products. To comply with Prop 65, a brand should consider the following checklist:
Identify the chemicals used in your products: Review your products and their ingredients, and identify any chemicals that are listed under Prop 65. This includes chemicals that are known to cause cancer, birth defects, or other reproductive harm.
Determine your obligations under Prop 65: Based on the chemicals used in your products, determine your obligations under Prop 65. This may include providing warnings to consumers about the presence of these chemicals, as well as managing their potential risks.
Develop a Prop 65 compliance plan: Develop a plan to ensure compliance with Prop 65, including steps such as providing warnings to consumers, implementing risk management measures, and training employees on Prop 65 requirements.
Communicate with your supply chain: Engage with your suppliers and other members of your supply chain to ensure that they are also complying with Prop 65 and providing you with the necessary information and documentation.
Monitor and update your compliance efforts: Regularly monitor and update your compliance efforts to ensure that they remain effective and in line with the latest developments under Prop 65. This may include staying up-to-date on new regulations and guidance, as well as conducting periodic audits and assessments.
Document and maintain records: Keep detailed records of your compliance efforts, including records of your Prop 65 warnings, risk management measures, and employee training. This will help to demonstrate your compliance with Prop 65 if it is ever questioned.
Engage with relevant authorities: Engage with relevant authorities, such as the California Attorney General's office, to ensure that you are meeting your obligations under Prop 65 and to seek guidance and support as needed.