Prop 65 for Automotive Products: A Brand's Guide to California Compliance

If you sell automotive products in California, Proposition 65 applies to you. It does not matter whether you are a manufacturer, a distributor, or a private label brand. If your product exposes a California consumer to a listed chemical, you are required to provide a warning. Fail to do so, and you can face enforcement actions, settlement costs, and mandatory reformulation.

For automotive product companies, Prop 65 is one of the most common and most expensive compliance gaps. This article explains what the law requires, which chemicals matter most for automotive products, and how to get your labels right before you sell into California.

What Is Proposition 65

Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a California law that requires businesses to provide a clear and reasonable warning before knowingly and intentionally exposing anyone in California to a chemical listed by the state as causing cancer or reproductive harm.

The list is maintained by the Office of Environmental Health Hazard Assessment (OEHHA) and currently includes over 900 chemicals. New chemicals are added regularly, which means a product that was compliant last year may not be compliant today.

The law applies to any business with 10 or more employees that sells products in California, regardless of where the business is headquartered. If your automotive products end up on shelves, in warehouses, or in online orders shipped to California addresses, Prop 65 applies to you.

Which Prop 65 Chemicals Are Most Relevant to Automotive Products

For automotive chemical products and hardgoods, the chemicals that most commonly trigger Prop 65 obligations include:

• Carbon black, found in tires, rubber components, some pigments, and certain coatings
• Lead and lead compounds, found in solder, wiring terminals, battery components, metal weights, and some pigments
• Diisononyl phthalate (DINP) and other phthalates, found in PVC wire insulation, vinyl interiors, connectors, and flexible plastic components
• Toluene, found in solvents, adhesives, and some automotive cleaning products
• Benzene, a trace contaminant in some petroleum-based solvents and fuels
• Hexavalent chromium, used in plating and surface coatings on metal parts
• Cadmium, found in some pigments, coatings, and electrical contacts
• Formaldehyde, present in some adhesives, resins, and composite materials

If your product contains any of these substances above the established safe harbor level, a Prop 65 warning is required.

How Prop 65 Warnings Must Appear

OEHHA updated the Prop 65 warning regulations in 2018, and the current requirements are specific about format, content, and placement. A compliant warning must include:

1. The symbol, a yellow triangle with an exclamation point, or an equivalent symbol for non-product warnings
2. The word "WARNING" in all caps and bold
3. The name of at least one listed chemical that prompted the warning
4. A statement that the chemical is known to the State of California to cause cancer, reproductive harm, or both
5. The URL www.P65Warnings.ca.gov for additional information

For product labels, the warning can appear on the product itself or on the packaging. For online sales, the warning must also appear on the website or app where the product is displayed, before the consumer completes the purchase.

Common Prop 65 Gaps for Automotive Brands

The mistakes we see most frequently in the automotive market are predictable:

• No warning at all. The brand is unaware that a listed chemical is present in its product. This is the most common and most dangerous gap.
• Generic warning without a chemical name. Older labels may say "This product contains chemicals known to the State of California to cause cancer" without naming the specific chemical. This format is no longer compliant.
• Warning on the wrong surface. The warning appears on a shipping box or insert but not on the retail packaging or the product itself where the consumer can see it.
• No online warning. The product has a label but the website does not display the Prop 65 warning on the product page, even though products are shipped to California.
• Over-warning. Some brands slap a Prop 65 warning on every product as a precaution. While this is technically allowed, it can undermine consumer trust and may not hold up if challenged without a reasonable basis for the specific chemical named.

How to Determine Whether You Need a Warning

The path to Prop 65 compliance is straightforward but requires effort:

1. Review your product formulations and materials. For chemical products, examine the ingredient list and any trace contaminants. For hardgoods, identify the metals, polymers, coatings, and adhesives used in each component.
2. Compare against the Prop 65 list. Check whether any ingredient or material appears on the current OEHHA list. The list is updated regularly, so use the most current version.
3. Determine exposure levels. If a listed chemical is present, assess whether the exposure exceeds the safe harbor level. This may require testing or calculation based on concentration and intended use.
4. Apply the correct warning format. If exposure exceeds the safe harbor level, add a compliant warning to the product label, packaging, and online product listing.
5. Document your analysis. Keep records of your ingredient review, testing results, and the basis for your warning decision. If you receive a notice of violation, your documentation is your defense.

How This Connects to SEMA

At SEMA, we expect to see hundreds of products on the floor that are sold nationally, including into California, without Prop 65 warnings. Some of these products contain listed chemicals above safe harbor levels, and the brands behind them are exposed to enforcement without knowing it.

We will be looking at labels, packaging, and product formulations with Prop 65 in mind. If you are exhibiting and are not sure whether your products need a Prop 65 warning, come find us. We can help you understand the list, assess your exposure, and get the right warning on your packaging before it becomes a problem.

Closing Thoughts

Proposition 65 is not going away. The list grows, enforcement is active, and the cost of non-compliance is real. But compliance is achievable if you know what to look for and have a process for staying current.

If you need help reviewing your automotive products for Prop 65 exposure, crafting compliant warning labels, or building a system to track list updates, reach out to the Compounded Compliance team. We will be at SEMA and ready to help you get it right.