Prop 65 is California's warning law for listed chemicals, and the point Prop 65 EU brands most often miss is that it applies to products that expose Californians, wherever the seller is based. Federal compliance does not answer it. No regulator signs off on your product against it in advance.
That gap is the clearest example of the "no single regulator" problem in US compliance. This post is the second item on the Compliance & Labeling list in our EU to US Expansion Checklist: check state-level requirements for your category.
What is Prop 65 and does it apply to EU brands selling in the US?
Prop 65 is California's Safe Drinking Water and Toxic Enforcement Act of 1986. It requires businesses to warn Californians about significant exposures to chemicals that cause cancer, birth defects, or other reproductive harm. The state publishes a list of roughly 900 chemicals (opens in new tab), updated at least yearly.
It can apply to EU brands. The California Attorney General's FAQ says the warning requirement applies "regardless of whether a business is located in California or out-of-state, as long as its products cause exposures to individuals in California." The FAQ does not address sellers outside the US, so ask counsel how that plays out for your structure.
Businesses with nine or fewer employees are exempt. Everyone else has to work out for themselves whether a product needs a warning, because OEHHA's own guidance says "businesses are responsible for determining whether their products require warnings." Our EU to US Expansion Guide flags this as the rule that catches brands who assumed "FDA-compliant" meant "compliant everywhere."
Why does federal compliance miss Prop 65?
Prop 65 sits outside the federal system, and it works differently from the FDA and FTC rules in our post on FDA and FTC requirements for EU brands. For Prop 65 EU brands, nobody signs off in advance, and the business carries the job of deciding whether a warning is needed.
Enforcement comes from several directions. The Attorney General can sue, as can district attorneys and some city attorneys. Any individual acting in the public interest can also sue, after giving at least 60 days' notice to the business and to government officials. Penalties run up to $2,500 per violation per day, and a court can order the violation to stop.
Private enforcement makes the risk practical. The first sign of a problem is often a notice letter, and it can arrive after your inventory is already in California. A 2025 year-in-review from the National Law Review (opens in new tab) lists food and herbal supplements, thermal receipt paper, and beauty and personal care among the most targeted categories. Metals including lead, BPA and BPS, and phthalates were among the top chemicals.
Does EU compliance mean you can skip a Prop 65 warning?
No. For Prop 65 EU brands, the test is exposure to a listed chemical measured against OEHHA's safe harbor levels, and an EU conformity file does not answer it. A warning is unnecessary only if people aren't exposed, exposure falls at or below the safe harbor level, or you can show the risk is not significant.
OEHHA sets No Significant Risk Levels for many carcinogens and Maximum Allowable Dose Levels for many reproductive toxicants. Working out your product's exposure usually means ingredient and material data from your suppliers, and sometimes lab testing. Start that conversation early.
For cosmetics, the overlap with EU rules may help. One law firm summary (opens in new tab) notes that all 24 ingredients banned under California's Toxic-Free Cosmetics Act are already banned in EU personal care products. A brand with a clean EU formulation may find that law familiar, and Prop 65 still asks a separate question about exposure.
What does a Prop 65 warning require?
OEHHA's safe harbor warnings are optional, and a properly transmitted one is deemed clear and reasonable. You can give another warning that meets the "clear and reasonable" standard instead. The safe harbor format gives you pre-approved wording to start from.
A consumer product warning has a yellow warning triangle symbol, the signal word "WARNING" (or "CA WARNING" or "CALIFORNIA WARNING"), and the name of at least one listed chemical for each harm it covers. The full chemical name is required, so an acronym such as DEHP does not count. A short-form label warning must use type no smaller than the other consumer information on the product, and never under 6 point.
Online sales add a second step. According to OEHHA's business FAQ (opens in new tab), the warning has to appear before the purchase is completed, on the product page, through a clearly marked link, or in a pop-up that can be triggered by a California zip code. A QR code alone does not meet it. Our post on product page localization for the US covers where these warnings fit on a product page.
Who is responsible for the warning when a retailer sells your product?
Mainly you, the company further up the chain. OEHHA's guidance puts primary responsibility on manufacturers, producers, packagers, importers, suppliers, and distributors. They can meet it by printing the warning on the label, or by giving written notice and warning materials to the retailer and receiving acknowledgment.
Retail sellers are responsible for placing and maintaining the materials they receive. Prop 65 EU brands that sell through Amazon or a US retailer should build the notice step into the contract, since the warning has to reach the shopper. Our post on Shopify vs Amazon for a US launch covers how channel choice changes who sits between you and the customer.
Which other state rules catch EU brands off guard?
The Prop 65 EU brands deal with is one example of a wider pattern. States write their own chemical and product rules, and several are newer than the federal baseline. The table lists the ones most likely to touch EU brands in cosmetics, apparel, and textiles.
| State rule | What it covers | Timing reported |
|---|---|---|
| California Toxic-Free Cosmetics Act (AB 2762) | Bans 24 ingredients in cosmetics, including 13 PFAS, formaldehyde, mercury, and certain phthalates and parabens | In effect since January 1, 2025 |
| Minnesota PFAS law | Prohibits intentionally added PFAS in categories including cosmetics, carpets, cookware, and juvenile products, with a manufacturer reporting deadline | Prohibitions from 2025, reporting by July 1, 2026 |
| Maine PFAS law | Bans intentionally added PFAS in categories including cosmetics, textile articles, and juvenile products | January 1, 2026 |
| Connecticut PFAS law | Sales ban covering apparel, cosmetics, textile furnishings, and children's products, plus disclosure duties for some outdoor apparel | Sales ban from July 1, 2026 |
| Washington PFAS law | Bans in apparel and accessories, with reporting above 50 ppm total organic fluorine | January 2027 |
The dates come from a Morgan Lewis summary (opens in new tab) published in January 2026, and several other states, including Colorado, Vermont, and New Hampshire, have their own PFAS dates. The summary does not address imported products specifically, and its general advice is to work with manufacturers to identify the restrictions that apply. These laws move quickly, so confirm current dates with counsel before you rely on the table.
Sales tax is another state-level layer with its own rules. Our post on sales tax nexus vs VAT covers it.
How do Prop 65 EU brands check state rules for their products?
Work through five steps and keep a record of each answer.
Step 1: List the states you will ship to
Start with California, since Prop 65 and its cosmetics law apply there. Then add each state where you plan to sell in your first 12 months.
Step 2: Collect composition data from your suppliers
Ask every supplier for ingredient, material, coating, and packaging data. Request test reports where they exist, since a supplier saying "EU compliant" does not tell you what is in the product.
Step 3: Screen against the Prop 65 list and state bans
Compare your data against the current Prop 65 list and the state PFAS and cosmetics rules above. Flag any listed chemical, and note the product it appears in.
Step 4: Compare exposure to safe harbor levels
For each flagged chemical, work out your product's exposure against the applicable safe harbor level, with a toxicologist or lab if needed. If exposure is at or below the level, record why. If it is above, or you cannot show it, plan a warning.
Step 5: Choose your warning method and recheck yearly
Decide on label, online, and retailer-notice warnings, and add the retailer notice to your contracts. Recheck once a year, since OEHHA updates the list at least yearly and state laws keep changing. Bring in counsel using our post on US counsel and an accountant before launch.
Frequently asked questions
What is Prop 65 and does it apply to EU brands selling in the US?
Prop 65 is California's law requiring warnings about significant exposures to listed chemicals. The Attorney General's FAQ says it applies to out-of-state businesses whose products expose Californians, and businesses with nine or fewer employees are exempt. For Prop 65 EU brands based outside the US, ask counsel how the law applies to your structure.
Does a product that meets EU rules still need a Prop 65 warning?
It can. Prop 65 measures exposure to listed chemicals against OEHHA's safe harbor levels, and an EU conformity file does not address that. Check your product's exposure before you ship to California.
Are there state rules like Prop 65 in other states?
Other states have their own chemical rules, and PFAS laws in states such as Minnesota, Maine, Connecticut, and Washington are examples. None of them works exactly like Prop 65, so check each state where you sell. Our post on FDA and FTC requirements for EU brands covers the federal layer.
What does a Prop 65 violation cost?
Penalties can reach $2,500 per violation per day. A court can also order the violation to stop, and a private plaintiff may bring the case after a 60-day notice. Settling the warning question before launch is the cheaper path.
What should you do next?
Download the EU to US Expansion Checklist (opens in new tab) and work through the Compliance & Labeling list, including the state-level check. Then read the compliance section of the EU to US Expansion Guide to apply the Prop 65 EU brands checks and other state rules to your own range.
This post is general information and does not replace legal advice. Check your products with a toxicologist or counsel before you ship to California, and ask early.
