Advertising Law Tool Kit - Tenth Edition | 2022

60 / Venable Proposition 65 Ari N. Rothman anrothman@Venable.com +1 202.344.4220 California’s Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Proposition 65 or Prop 65, remains a real threat to companies marketing consumer products, including foods, dietary supplements, and cosmetics. Under the law, if a product exposes California consumers to any of the 900+ chemicals on the Prop 65 List at levels above the safe harbor level (if any), the marketer must warn consumers that the product contains a chemical that the state has determined may cause cancer, birth defects, and/or reproductive harm (based on the listing). Failure to comply with Prop 65 can result in high potential penalties for marketers. Claudia A. Lewis calewis@Venable.com +1 202.344.4359 Todd A. Harrison taharrison@Venable.com +1 202.344.4724