Quick answer: selling a product to a customer in California does not automatically mean that you must paste a Proposition 65 warning onto every product page. The key question is whether your business causes a knowing and intentional exposure to a listed chemical at a level that requires a warning. If a warning is required and you sell online, the warning generally needs to reach the California purchaser before the purchase is completed. Dropshippers should obtain chemical and warning information from suppliers instead of guessing from a product category.
This guide is general business information, not legal advice. Proposition 65 exposure analysis can be technical, and enforcement risk can be significant.
What does Proposition 65 require?
California’s Proposition 65 requires businesses to give a clear and reasonable warning before knowingly and intentionally exposing people to chemicals that California has listed as causing cancer or reproductive toxicity, unless an exemption applies.
That does not mean every product containing any trace of a listed chemical needs a warning. The California Office of Environmental Health Hazard Assessment (OEHHA) explains that exposure level matters. OEHHA publishes some “safe harbor” levels. A business can also determine, using an appropriate exposure assessment, that an exposure does not require a warning.
This distinction matters in dropshipping. A supplier spreadsheet that says “contains lead” is not the same thing as an exposure assessment. On the other hand, ignoring a supplier’s Proposition 65 warning because the product never enters your warehouse is not a defensible workflow either.
What about businesses with fewer than 10 employees?
OEHHA states that businesses with fewer than 10 employees are exempt from Proposition 65 warning requirements and the prohibition on discharges into drinking-water sources.
Two cautions are important:
- count the business correctly and do not assume a contractor-heavy structure automatically puts you outside every legal definition;
- marketplaces, distributors, manufacturers, or commercial partners may still require product information as part of their own compliance process even when your business believes an exemption applies.
If your headcount or corporate structure is close to the threshold, obtain legal advice rather than building your product catalog around a casual assumption.
Where should a Proposition 65 warning appear in ecommerce?
OEHHA’s safe-harbor rules for internet purchases are designed so the purchaser receives the warning before completing the purchase. Depending on the method used, the warning can be displayed on the product display page, through a clearly marked warning link on that page, or by another prominent pre-purchase method that satisfies the applicable rule.
A warning hidden only inside:
- terms and conditions;
- a shipping-confirmation email sent after payment;
- a generic footer;
- an FAQ page the customer has no reason to visit
should not be treated as an equivalent substitute for a compliant pre-purchase warning.
Also remember that an online warning does not necessarily replace other warning methods required for the product or exposure. The safe-harbor framework has specific rules for consumer products.
What should a dropshipper request from the supplier?
Do not ask only: “Is this Prop 65 compliant?” That question invites an unhelpful yes/no answer.
Request structured information:
- Does the supplier or manufacturer provide a Proposition 65 warning for this exact SKU and variant?
- Which listed chemical or chemicals are involved?
- What warning text and warning method are currently used?
- Is there an on-product or package warning? Ask for a current photo.
- Is there California-specific online warning language?
- Has the supplier performed testing or an exposure assessment?
- Is a safe-harbor level relevant to the assessment?
- Who is responsible for updating the retailer when the warning changes?
- Does the response apply to every color, material, size, coating, and accessory?
- When was the documentation last reviewed?
Save the response against the SKU. If your supplier silently changes a material, coating, power cord, accessory, or manufacturer, re-check the compliance record instead of treating the old answer as permanent.
Short-form warnings changed: do not copy an old template forever
OEHHA amended the Proposition 65 safe-harbor warning rules in late 2024. The updated short-form warning is designed to be more informative and requires naming at least one listed chemical. Businesses that were relying on the previous short-form content were given a three-year transition period.
The amendments also provide a transition process for retailers updating online short-form warning content after receiving notice from a manufacturer. The practical lesson for ecommerce is simple: warning text is versioned compliance content. Store it as controlled product data, not as a sentence copied into a theme years ago.
A practical dropshipping workflow
| Stage | Action |
|---|---|
| Product sourcing | Ask for current Prop 65 status, exact SKU coverage, warning text, and supporting information |
| Catalog approval | Decide whether a warning is required or obtain qualified advice if exposure status is unclear |
| Store setup | Place any required internet warning so a California purchaser receives it before checkout completion |
| Fulfillment | Confirm the physical product/package carries any required warning method supplied for that SKU |
| Change monitoring | Re-check when supplier, material, model, accessory, formula, or packaging changes |
| Audit | Keep dated supplier notices, images, warning text, test/exposure documents, and catalog changes |
Separate “warning required” from “warning supplied”
A supplier may include a warning conservatively without giving you the exposure analysis behind it. Another supplier may provide no warning even though the issue should have been evaluated. Your workflow should capture both facts separately:
- supplier warning status;
- your basis for the ecommerce decision.
Common Proposition 65 mistakes in dropshipping
1. Warning every California product “just in case”
Over-warning is not a substitute for understanding the requirement. It can make warnings less useful and can create customer confusion.
2. Copying a warning from a competing Amazon listing
The competitor may sell a different variant, use a different manufacturer, or be wrong.
3. Assuming the supplier owns all responsibility
Proposition 65 regulations allocate warning responsibilities through the supply chain in specific ways. Online retailers still need a process for receiving and displaying warnings when applicable.
4. Showing the warning only after payment
The internet safe-harbor approach is based on warning before purchase completion.
5. Forgetting product changes
A silent material or component change can make an old compliance record unreliable. This is one reason a supplier-change monitoring system is useful.
For that operational side, see DropshipperLab.com and the site’s guides on supplier and catalog risk management.
FAQ
Does every item shipped to California need a Proposition 65 warning?
No. The obligation depends on whether the business causes an exposure to a listed chemical that requires a warning and whether an exemption applies.
Does a product containing a listed chemical automatically need a warning?
Not necessarily. OEHHA explains that exposure level is relevant. Safe-harbor levels exist for some chemicals, and exposure assessment can be necessary.
Are businesses with fewer than 10 employees exempt?
OEHHA states that businesses with fewer than 10 employees are exempt from Proposition 65 warning requirements. Businesses near the threshold or with complex structures should confirm how the rule applies to them.
Can I put the warning only on the package?
For internet sales, applicable safe-harbor rules include a pre-purchase internet warning method. Do not assume a package warning that is seen only after delivery solves the online requirement.
Primary sources
- OEHHA: Businesses and Proposition 65
- OEHHA: Proposition 65 in Plain Language
- OEHHA: 2024 amendments to Clear and Reasonable Warnings
admin
Author of practical guides to dropshipping, ecommerce, automation, and growing an online business.