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Prop 65 and the Automotive Industry: What You Need to Know

Prop 65 warning label

Actionable Insights: 

  • Stay Ahead of 2025 Changes – Expanded chemical lists, stricter labeling, and increased enforcement require businesses to update compliance strategies.
  • Ensure Accurate Labeling – Use Prop 65-compliant warning labels on products, packaging, and online listings to avoid fines and legal risks.
  • Conduct Regular Compliance Audits – Review chemical inventories and supply chains to ensure all materials meet updated Prop 65 requirements.
  • Monitor Regulatory Updates – Subscribe to OEHHA notifications to stay informed about new chemicals and evolving compliance standards.
  • Train Employees and Distributors – Educate teams on Prop 65 best practices to maintain consistency and avoid misinformation.

California’s Proposition 65 (Prop 65)—officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986—is a regulation that requires businesses to provide clear warnings if their products contain chemicals known to cause cancer, birth defects, or other reproductive harm. While the law primarily applies to businesses operating in California, its reach extends far beyond state borders due to the size and influence of the California market.

Prop 65 presents compliance challenges and risks for automotive businesses, including parts manufacturers, retailers, and suppliers, if not properly addressed. 

Understanding the implications of this regulation is essential for protecting your business from legal action and maintaining customer trust.

Prop 65 Compliance: 2025 Changes

As regulations continue to evolve, 2025 brings new updates and stricter enforcement under Prop 65.

Key changes include:

1. Expanded Chemical List

  • More substances are being added to the list, particularly those found in automotive coatings, adhesives, and electronics.
  • Companies must regularly review OEHHA updates to ensure ongoing compliance.

2. Enhanced Labeling Requirements

  • OEHHA is implementing stricter guidelines on how warnings must be presented on products and e-commerce listings.
  • Businesses must ensure clear and conspicuous placement of warnings on both physical packaging and online product descriptions.

3. Increased Enforcement

  • Expect more aggressive enforcement actions from both California regulators and private litigants, emphasizing transparency and consumer safety.
  • New auditing measures may lead to higher scrutiny of businesses that fail to update their labeling practices.

4. New Safe Harbor Limits

  • Thresholds for certain chemicals may be adjusted, requiring manufacturers to reassess product formulations.
  • Automotive businesses should work with compliance experts to determine whether new testing or modifications are required.

5. E-Commerce and Supply Chain Adjustments

  • Marketplaces like Amazon, eBay, and Walmart require up-to-date Prop 65 disclosures, meaning sellers must update listings and ensure compliance across all platforms.
  • Suppliers and distributors must also align with new documentation and reporting standards to prevent disruption.

Automotive businesses must stay proactive in adapting to these changes by conducting regular compliance audits, updating product labels, and working with regulatory experts to ensure continued adherence to Prop 65 standards.

PDM Helps You Stay Compliant

With your PDM account, you can follow AutoCare’s best practices to provide accurate Prop 65 information within PIES (Product Information Exchange Standard). This ensures that your data aligns with industry standards, reducing compliance risks.

With PDM’s built-in validation, your product data is automatically checked to align with AutoCare’s recommendations and Prop 65 requirements. Managing attributes and images for compliance becomes an effortless task within your PDM account.

By leveraging PDM’s tools and automation, suppliers can seamlessly manage, validate, and distribute Prop 65 compliance information, reducing the risk of regulatory issues while maintaining accuracy and efficiency.

Why Prop 65 Matters for Automotive Businesses

1. Extensive Chemical List and Frequent Updates

Prop 65 currently regulates over 900 chemicals, many of which are commonly found in automotive components, coatings, lubricants, and aftermarket parts. The list is updated annually, meaning businesses must stay vigilant in monitoring their materials and supply chains.

2. Legal and Financial Risks

Failure to comply with Prop 65 can lead to hefty fines, with penalties reaching up to $2,500 per violation per day. Additionally, businesses may face lawsuits from the state of California or private enforcers, including consumer advocacy groups.

3. Impact on E-Commerce and Nationwide Sales

Since many automotive companies sell online or ship products to California, they must comply with Prop 65 regulations—even if they are based elsewhere. Non-compliance can lead to legal action, product recalls, or loss of sales.

4. Consumer Transparency and Brand Trust

Modern consumers are more conscious of product safety and environmental impact. Providing clear and compliant Prop 65 warnings helps maintain transparency and trust while minimizing the risk of misleading claims.

Common Automotive Products Affected by Prop 65

Many automotive products contain materials that fall under Prop 65 regulations, including:

  • Brake pads and rotors (may contain asbestos, lead, or nickel)
  • Batteries and battery cables (can contain lead and sulfuric acid)
  • Motor oils and lubricants (potential presence of benzene and other hydrocarbons)
  • Tires and rubber components (can release phthalates and carbon black)
  • Paints and coatings (may include heavy metals or volatile organic compounds)
  • Interior materials (plastics, adhesives, and foams that may contain formaldehyde or flame retardants)

How Automotive Businesses Can Stay Compliant with Prop 65

1. Conduct a Chemical Inventory Assessment

  • Work with your suppliers and manufacturers to identify any Prop 65-listed chemicals in your products.
  • Review the most recent California Office of Environmental Health Hazard Assessment (OEHHA) updates for newly added substances.

2. Implement Proper Labeling and Warnings

  • If your products contain Prop 65 chemicals, clear warning labels must be displayed on packaging and product listings.
  • Labels should follow California’s safe harbor warning language, which includes:
    • “⚠ WARNING: This product contains [Chemical Name], a chemical known to the State of California to cause cancer and/or birth defects or other reproductive harm.”

3. Update Online Listings and E-Commerce Compliance

  • If selling online, ensure product pages include Prop 65 warnings visible at the point of purchase.
  • Marketplaces like Amazon, eBay, and Walmart require Prop 65 disclosures for applicable products.

4. Train Your Employees and Distributors

  • Educate your staff on Prop 65 compliance to prevent misinformation and errors in labeling.
  • Work with your distributors to ensure they are also following regulations for California sales.

5. Monitor Regulatory Changes

  • Prop 65 is regularly updated, meaning businesses must stay informed about new chemicals and labeling requirements.
  • Subscribe to OEHHA updates or work with a regulatory compliance consultant.

6. Evaluate Alternative Materials

  • Where possible, consider reformulating products to use safer alternatives that do not require Prop 65 warnings.
  • Work with suppliers to identify low-risk material substitutions.

Final Thoughts

Prop 65 compliance is a critical regulatory requirement for automotive businesses selling in California. While it may seem like a challenge, proactive compliance can protect your business from lawsuits, build consumer trust, and demonstrate a commitment to product safety.

By conducting chemical assessments, updating labeling, ensuring online compliance, and monitoring regulatory changes, automotive businesses can mitigate risk and maintain market access without major disruptions.

For businesses needing further guidance, consulting with regulatory compliance experts or legal professionals can help navigate the complexities of Prop 65.