Illustrative situation
A brand selling printed T-shirts online ships to California and receives a legal notice about a chemical in a print. The brand had never heard of Proposition 65 and wonders whether it needed a warning on its listings.
Main answer
Proposition 65 requires businesses with ten or more employees to give a clear and reasonable warning before knowingly exposing Californians to chemicals on the state’s list, unless the exposure is below safe-harbor levels, so an apparel brand selling into California should ask suppliers about chemicals in prints, coatings and trims, and decide whether a warning is needed. The brand that sells the product usually carries the practical risk.
Who is covered
OEHHA, the state agency that runs the programme, explains that businesses with fewer than ten employees are exempt from the warning requirement, and that manufacturers, importers, distributors and retailers can all be involved. Under the state’s rules, manufacturers, producers, packagers, importers, suppliers and distributors generally carry primary responsibility, and retailers must display warnings they receive from them.
What a warning looks like
Safe-harbor warnings must be prominently displayed on the product label or labelling and include at least one listed chemical name. For online sales, the warning must also be shown to the customer before purchase. Warnings that do not follow the safe-harbor format can still be lawful if they are clear and reasonable.
Where chemicals may arise
In apparel, questions often concern prints and coatings, plastic trims, metal parts and dyes. A supplier’s test report, such as for lead or phthalates, helps show whether exposure is below the level that needs a warning, but it does not settle the legal question by itself.
If you receive a notice
A notice of violation from a private party or the state starts a short period to respond. Do not ignore it. Collect your supplier test reports and purchase records, tell your supplier, and speak to a lawyer who knows Proposition 65 before replying or paying anything.
Related reading
See the products page for the products behind this topic, and read reach clothing next. Both are general guides, not a quotation.
Practical steps
Ask suppliers for chemical test reports and a restricted substances list, check the current Prop 65 list, and take advice if you receive a notice. Keep records of how you decided.
Fact, recommendation, uncertainty
- Established fact
- Proposition 65 requires a clear and reasonable warning from businesses with ten or more employees before knowingly exposing people in California to listed chemicals, and fewer than ten employees are exempt.
- Recommendation
- Ask suppliers for test reports and restricted substance commitments, decide on a warning approach for California sales and keep records.
- Uncertainty
- The chemical list, safe-harbor levels and enforcement change, and this is not legal advice.
Sources and further reading
- OEHHA — Businesses and Proposition 65
- Proposition 65 Warnings website — Frequently Asked Questions for Businesses
Sources checked on 24 October 2026. Standards bodies sell the full texts; we cite what their public pages state. General information, not legal or technical certification advice.
More perspectives from the team
Three further views on the same question, each by function. They add conditions and limits to the main answer; they are editorial notes, not customer reviews.
Sino Finetex Editorial Team Sourcing
Ask suppliers to state in writing the chemicals they restrict in prints, coatings and trims and to share recent test reports. Limit: a supplier may not know the content of purchased trims or inks.
Sino Finetex Editorial Team Product selection
Choose simple prints and trims where testing is available, and avoid unknown plastic parts. Limit: simpler products do not remove the need to check. Keep a list of styles sold into California.
Sino Finetex Editorial Team Quality & care
Test final garments or components at a recognised laboratory for the chemicals your market raises. Limit: a test on one lot cannot guarantee another, so repeat after material changes. Retain test reports for every print.
Related products
- Products
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- Capabilities
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- how-does-it-work
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- FAQs
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