Editor’s Note
**Editor’s Note:** This article clarifies the intent and requirements of California’s Proposition 65, a law that shifts the burden of proof to manufacturers to ensure product safety regarding toxic chemicals.
Proposition 65, or the Safe Drinking Water and Toxic Enforcement Act, is a California law designed to protect local water sources. It requires companies to disclose when their products contain chemicals that could cause cancer, reproductive harm, or birth defects if they leak into the water supply. This reverses the burden of proof: manufacturers must demonstrate their products are not toxic, rather than consumers having to prove they are.
The state maintains a list of over 900 chemicals linked to these health issues. Companies must disclose which of these chemicals are in their products. If concentrations are below a safe harbor level, no label is required. Proposition 65 applies to any product shipped into California, so you will often see warning labels when shopping online.
For jewelry importers and suppliers, Proposition 65 is critical. Many jewelry items—especially those with metal alloys, coatings, or certain stones—may contain chemicals like lead, cadmium, or phthalates. If these exceed safe harbor levels, a warning label is required. The law applies to all products sold or shipped into California, including imports from China and other manufacturing hubs.
However, the law lacks nuance. A product with a trace amount of a listed chemical may receive the same label as toxic waste. This has led to over-labeling, driven by fear of lawsuits (fines up to $2,500 per day). In 2019 alone, about $30 million in Proposition 65 settlements were generated across 898 cases.
Proposition 65 took effect in 1986 after EPA reports showed electronics runoff contaminating Santa Clara’s water supply. A review panel later noted that it “has compelled businesses to know more about their products and has generally resulted in an increase in industry’s preventative behavior.” It prompted national reviews of chemical safety standards and helped eliminate major health concerns, such as lead in jewelry.
By 1997, targeted chemicals had been reduced from the air by 85% in California, compared to 50% in other states. However, progress on water is less clear: 10% of California’s public drinking water still fails health standards, partly due to agricultural runoff.
After 30+ years, Proposition 65 has had a positive impact but may be yielding diminishing returns for Californians.
– Proposition 65 applies to all jewelry sold in California, including imports.
– Suppliers must test for listed chemicals (e.g., lead, cadmium) and ensure concentrations are below safe harbor levels.
– If levels exceed thresholds, a clear warning label is required.
– Over-labeling is common due to legal risks; but if you can find comparable products without labels, they may be safer.
– The law has driven industry improvements, but compliance is complex and costly.
For Chinese jewelry suppliers exporting to California, understanding Proposition 65 is essential to avoid fines, lawsuits, and market access issues. Always verify material composition and coating safety before shipping.
