Proposition 65 and Its Effect on California Businesses

Originally published First Quarter 2005

In November 1986, California voters overwhelmingly approved an initiative to address growing concerns about exposure to toxic chemicals. That initiative became The Safe Drinking Water and Toxic Enforcement Act of 1986 (the Act), better known by its original name – Proposition 65. This California state law requires the Governor to publish and annually update a list of chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm. The law is designed to protect California drinking water sources from contamination by the listed chemicals and to allow consumers to make informed choices about the products they purchase. Under the Act, no person in the course of doing business shall knowingly and intentionally expose any individual to a chemical known to the state to cause cancer or reproductive toxicity without first giving "clear and reasonable" warning about the presence of