What Is Proposition 65?

Last updated on August 31, 2024.

Proposition 65 warning label in English and Spanish, yellow triangle with exclamation point at left and orange Warning label on right above text.

Almost every time I see a Proposition 65 warning label on a product I’m considering purchasing, I don’t buy it. My spouse often asks, “Is it really a big deal?” I say, yes, it means the product has chemicals known in the State of California to cause cancer.

If they cause cancer in California, they cause cancer everywhere.

We’ve had friends over the years who had lived in California. When we asked about Proposition 65, they shrugged and indicated that California’s just ‘overly cautious.’ I quietly disagreed. I didn’t know enough to debate the matter. So I decided I’d learn about it.

Google terrain map screenshot of California and Nevada.
Courtesy of Google Maps.

“California tends to be the pioneer of protecting consumers from harmful chemicals in everyday products.” – Darin Olein, Fatal Conveniences

Cancer on the Rise

As I was writing this article, a new study came out indicating that Generation X and Millennials have a higher risk of getting certain types of cancer when compared to earlier generations. “Researchers from the American Cancer Society (ACS) studied 34 of the most common cancers. They found that cancer incidence rates continued to rise in progressively younger generations in 17 of the cancers, including breast, pancreatic, and gastric cancers.”2

While that study does not point to a cause, Generation X and Millenials have been exposed to far more chemicals than previous generations. We know many chemicals are linked to cancer,3 so overexposure to those chemicals is an obvious explanation.

Read on to learn how Proposition 65 warnings can help us.

Diamond shaped sign with skull and crossbones, "Poison", all black and white.
Image by Clker-Free-Vector-Images from Pixabay.

What is Proposition 65?

It is a right-to-know law. The California Office of Environmental Health Hazard Assessment (OEHHA), which administers the Proposition 65 program, defines it as such: “Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986…requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.” These warnings can be in products, homes, workplaces, or the environment. It also protects the state’s drinking water sources from being contaminated with these chemicals.4

“A Proposition 65 warning is telling you that using a product or entering a location can expose you to a significant amount of a chemical that causes cancer, harmful effects on a developing baby, or other harmful effects on reproductive health.”5 

What else does the legislation do?

Proposition 65 requires California to publish a list of these chemicals which must be updated annually. It includes over 1000 chemicals.6 

For this list, California recognizes the International Agency for Research on Cancer (part of the World Health Organization), the U.S. National Toxicology Program, and the Environmental Protection Agency (EPA) as authorities on carcinogens. The State of California can also make its own determinations about specific substances. As the American Cancer Society notes, “This means that not every chemical on the list has been proven to the worldwide scientific community to actually cause cancer in people.”7 

But, if certain chemicals are suspected of causing cancer in California, that’s good enough for me to avoid them.

The List

More than one thousand chemicals make a very long list. The Proposition 65 website has a page called “Fact Sheets” that lists chemical groups, rather than individual chemicals, making the risks easier to read and understand. However, it is not nearly as comprehensive so I recommend viewing both. I’ve linked them under Additional Resources below.

The list includes toxic substances such as lead, asbestos, and hexavalent chromium; industrial solvents; and toxins like carbon monoxide and tobacco smoke. It even includes BPA (Bisphenol A), a toxic substance used in plastic and metal can linings; as well as Styrene, used in many polystyrene take-out containers we incorrectly but commonly call Styrofoam.

White polystyrene container with food sitting open, against a white background.
Photo by Vitalis Arnoldus on Flickr, Creative commons license (CC BY 2.0).

Proposition 65 Labels

Product labels can be unclear as they only indicate if a product contains chemicals that may cause cancer or reproductive problems. They are required to list one specific chemical in the warning. However, they are not required to list every chemical, their amounts, or how a person may be exposed to them.

“By law, a warning must be given for listed chemicals unless exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm.”8 

Products Sold in Other States

Products sold outside of California are not required to have a warning label even if they contain those toxic chemicals. “Some companies that sell products all over the United States only label those sent to California, even though all their products contain the same compounds.”9 Online sellers to all states must include warnings on their products, such as those listed on Walmart, Amazon, Lowe’s, and others.

Changes Brought by Proposition 65

Many sources don’t find the Proposition 65 warnings helpful, including Wirecutter, the consumer product review arm of The New York Times. I’ve often found their reviews and recommendations helpful because they independently test and review many products. But even they say Proposition 65 isn’t a big deal to worry about because the labels don’t indicate the amount or methods of exposure. However, they do acknowledge that the law has brought change to a variety of consumer products. “Prop 65 has resulted in changes in product formulation to remove or reduce potentially harmful chemicals, including in things like Wite-out and herbicides. Awareness raised by Prop 65 led Coke to change its use of 4-MEI, a potential carcinogen found in some caramel coloring.”10

The law has successfully raised awareness. Here are some of other the changes it has helped with:

“Proposition 65 has helped reduce or eliminate the use of lead in a wide variety of products, including hair dye, toothpaste, ceramic ware, foil caps on wine bottles, children’s jewelry, and even some types of cookies and candy. Levels…with acrylamide levels in major brands of potato chips and french fries. Proposition 65 has also led to the removal of several chemicals harmful to the developing baby during pregnancy from many nail care products, and has encouraged manufacturers of paint strippers to develop alternatives that do not contain methylene chloride or NMP.”11 

Controversy

Others argue that Proposition 65 is overly cautious, while others believe it is too broad and meaningless. In fact, on a lot of forums, many people completely disregard the warnings. Some say they are on ‘everything in California;’ others indicate that they just don’t think it’s a big deal. One person wrote, “California puts that on literally everything, they’re idiots.” On another forum where someone asked why a golf towel has a Proposition 65 warning, another responded: “We live in an age where it wouldn’t be out of place to put a warning sign on a water bottle saying ‘could cause drowning.’ Don’t think anything of it.”12 

But do think something of it. That golf towel likely has formaldehyde or PFAS in it, which are toxic. Why are harmful chemicals allowed in our products? The reason is that the amount in each item is often limited, making small amounts in products seem acceptable.

But here’s the thing.

If these chemicals were just in our couches or clothes or shampoo, it would be limited exposure. But they are in EVERYTHING. These chemicals are in our food, make-up, skin care products, shampoo, soap, clothing, furniture, carpeting, vinyl flooring, mattresses, bedding, drinking water, household cleaning products, cookware, vehicles, pharmaceuticals, hair dye, take-out containers, drapery, building materials including windows and blinds, plastic food containers and packaging, camping tents, shower curtains, electrical items…etc. We are surrounded by these toxins in our homes, in our showers, in the workplace, and in our schools. If we encountered a single chemical occasionally, it likely would not pose a significant threat.

But we are constantly bombarded with these chemicals in every facet of our lives. We are inundated with these chemicals and cumulatively, it harms us. This raises our chances for reproductive and developmental problems, cancer, and other health issues such as rashes, headaches, and allergies. This is likely why cancer is on the rise.

Graphic illustration of a woman doing yoga, surrounded by bottles of a product, yoga mat, towel, plants, and cup of tea.
Image by Евгения from Pixabay.

Protecting Our Health

We are poisoning ourselves with these toxins. As consumers, we must avoid them whenever possible to protect our health. Let’s refuse to purchase items that contain these harmful chemicals. This collective action will drive companies to make necessary changes.

I hope this information helped! Please check out my next article about products with Proposition 65 warnings. Thank you for reading, please share and subscribe.

 

Additional Resources:

List, “Proposition 65 List of Carcinogens or Reproductive Toxicants,” Office of Environmental Health Hazard Assessment (OEHHA), State of California, December 29, 2023.

Fact Sheets,” Proposition 65 website.

Article, “Prop 65 was meant to protect residents from toxic water. How did warning stickers end up on everything?” Vox.com, updated October 31, 2019.

Footnotes:

The Chemicals in Plastic and Why it Matters, Part 1

Colorful plastic bottles, from products such as shampoo and household cleaners.
Image by ds_30 from Pixabay.

Plastics are made from chemicals and petroleum.

I have found that most people don’t know that, or don’t care to know. Many plastics are full of potentially toxic chemical concoctions, and knowing what makes up plastics is key to understanding how dangerous those chemicals are. Once you know that, it’s hard to understand why would the FDA, EPA, and other government regulatory agencies allow them to be used in, well…everything.

The short answer is, they just don’t regulate that many chemicals.

But plastics are all around us in everyday life, and thus we are regularly exposed to these chemicals. This is one reason I’m anti-plastic, at least in the way we overuse and overconsume it in daily life.

How Plastic is Made

Colorful plastic nurdles close-up.
Plastic nurdles. Image by feiern1 from Pixabay.

“Most plastic is derived from oil drilling and/or fracking.” -Jennie Romer, sustainability expert and attorney9

Plastics are derived from fossil fuels, such as crude oil and natural gas. It is then processed at a refinery into ethane and propane. Next, they go to what are called cracker facilities that “crack” or break down these molecules. They turn ethane into ethylene, which is a building block of most common plastics. Propane becomes propylene. They are mixed with a catalyst, or chemical additive, that links the molecules together and forms polymers. Polymers are long, repeating chains of molecules that are chemically linked, or bonded, together. Harken back to chemistry class and this process is called polymerization.

But “polymers alone rarely have the physical qualities to be of practical value, so most plastics contain a multitude of chemical additives to facilitate the manufacturing process or produce a particular desirable property, such as flexibility, toughness, color or resistance to UV light.”11 This process forms different resins, or types of plastics, and are generally categorized by Resin Codes (those little numbers on plastics with the recycling symbol around it).

Oil pump with bright blue sky and white clouds background
Image by John R Perry from Pixabay

Plastic is Toxic

These chemical additives are usually what is most harmful to our health and the environment, as they leach over time and under certain conditions such as heat or UV exposure. Additives include dyes, “fragrances” or phthalates, plasticizers such as bisphenol A (BPA), fillers, fluffers, hardeners, stabilizers, lubricants, fire retardants, blowing agents, antistatic chemicals, and even fungicides and antibacterial agents. “Imagine that, plastics eerily designed to repel insects and bacteria, just like genetically modified cotton or corn!” wrote Chantal Plamondon and Jay Sinha, founders of Life Without Plastic.12

Many chemicals are not even regulated. For example, the FDA banned BPA from infant formula packaging, baby bottles, and sippy cups in 2013 because of its toxic leaching. But, there is a whole family of other bisphenols and most of those are still in active and legal use.

Plastic is often intended for single use only because the toxins leach out over time into your water, food, or product. As Chantal Plamondon and Jay Sinha noted: “We would wash and reuse single-use water bottles over and over, thinking we were being super eco-aware by preventing them from being recycled after a single use or heading straight into the trash and, ultimately, a landfill. We didn’t realize each use and wash was breaking down the cheap, unstable plastic more and more, and increasing the potential for chemicals and microscopic bits of plastic to leach into our drinks.”13 I used to reuse my plastic water bottles too – and I stored mine in the car, where the plastics were exposed to intense heat and sunlight, both factors that accelerate plastic chemical leaching.

Plastic Marketing

Plastic toy cash register, plastic coins and pretend bills.
Image by anncapictures from Pixabay.

Facing changing public opinion about the harmfulness of plastic in the 1980s, the plastics industry “launched a $50M-a-year ad campaign to improve plastic’s image. Part of the message was ‘recycling is the answer.’ Within the plastics industry, however, it was later revealed that even then there was serious doubt that widespread plastic recycling could ever be made economically viable.”14 They knew then, and they certainly know now, that we cannot recycle all of the plastic. Despite the pollution and toxicity, the plastics industry continues to push, market, and produce excessive plastic products and packaging.

“If the public thinks that recycling is working, then they’re not going to be as concerned about the environment.” -Larry Thomas, former head of the Society of the Plastics Industry, now called the Plastics Industry Association15

There are many advocates for plastic production, including the chemical, trade, and petroleum organizations. The global plastics industry is worth between $500 and $800 billion dollars. The plastics industry is not going away while there is that much money at stake.

The American Chemistry Council (ACC) is one of the biggest supporters of plastics, and they spend millions each year contributing to political parties in order to fight legislation that would regulate plastic production. Other organizations protective of plastics include (but are not limited to) the Plastics Industry Association, the American Chemical Society, the Manufacturers Association for Plastic Processors, the International Association of Plastics Distribution, the Vinyl Institute, the American Fuel & Petrochemical Manufacturers, and the Society Of Plastics Engineers.

Plastics Make it Possible Logo, an American Chemistry Council initiative.
Plastics Make it Possible Logo, an American Chemistry Council initiative.

“We are not out to destroy the plastics industry, but we must embrace change.”16

The Overproduction of Plastic

Greenpeace scuba diver holding up a Coca-Cola bottle and sign: "Coca-Cola is this yours?" Found in the Great Pacific Garbage Patch.
A Greenpeace diver holds a banner reading “Coca-Cola is this yours?” and a
Coca-Cola bottle found adrift in the garbage patch. The crew of the Greenpeace ship MY Arctic Sunrise voyage into the Great Pacific Garbage Patch document plastics and other marine debris. CREDIT: © Justin Hofman / Greenpeace, October 1, 2018. Image used with written permission from Greenpeace media.

“Many of these products, such as plastic bags and food wrappers, have a lifespan of mere minutes to hours, yet they may persist in the environment for hundreds of years.”17

There are a few plastics that have an important place on our planet and in our lives, but most do not. Single-use disposable plastics are the major culprits of our plastic pollution problem. The companies we purchase products from are now producing it at such a high rate that we cannot recycle the problem away. Plastic production increased exponentially, from 2.3 million tons in 1950 to 448 million tons by 2015, and it is expected to double by 2050.18 “Plastic is too microscopically dispersed around the world to try and clean it all up at this point…Prevention and avoidance should be engraved in our minds,” wrote Chantal Plamondon and Jay Sinha in Life Without Plastic.19 Companies and manufacturers must stop producing so much of it!

“Half of all plastics ever manufactured have been made in the last 15 years.”20

Watch this short film about plastic from The Story of Stuff Project:

“We have polluted the planet with indestructible plastic to such a degree that plastic may serve as a fossil marker in our strata to indicate a new era – the way dinosaurs indicate the Mesozoic one – until Big Oil digs the last of those reptiles up to produce more Coke bottles.” -Anne-Marie Bonneau, author of The Zero-Waste Chef21

What To Do

Whatever it takes to slow or stop the neverending barrage of chemical toxicity and plastic pollution being perpetrated on our planet by profit-driven entities, you can start at home and start small. You can avoid and refuse single-use plastic, changing your habits surrounding it one step at a time. I offer many ways to eliminate plastic on my site in my articles such as “14 Ways To Go Plastic-Free With Food,” and under Resources, where there are lists of books, films, and other websites that offer good information.

You have to eliminate plastics in your life in small manageable chunks, because there’s just so much of it. As the founders of Life Without Plastic wrote, “As excited as you may be to embark on this journey, be careful about fully embracing plastic-free living cold turkey, and trying to do it all at once. Once you start noticing the plastic around you, it could overwhelm and discourage you quickly…Take it one step at a time. This is all about changing habits, and that takes time, effort and patience.”22 This will protect you and your family from potentially toxic products entering your body and harming your health.

Contact companies whose products you consume and ask them to switch to responsible packaging. Switch the products you use with items that don’t have plastic. Support legislation like the Break Free From Plastic Pollution Act.23 Getting manufacturers and companies to stop the overproduction of plastics will be key, and to do so we will have to force them through purchase power and legislation.

“We are surrounded by the toxic polluting conundrum that versatile convenient plastic has become. But . . . there are lots of ways to avoid plastics in everyday life – wherever you are, whatever you do. All it takes is a little awareness and initiative. Educated actions, we like to call it.” –Chantal Plamondon and Jay Sinha, Life Without Plastic24

Thank you for reading, and please share and subscribe!

Additional Resources:

Video, “Plastics 101,” National Geographic, May 18, 2018.

Guide to My Packaging Industry Series.

Footnotes: