Ecommerce seller - do I really need Prop 65 warnings on everything?

I run a Shopify store selling home decor items (candles, ceramic planters, picture frames, etc). All dropshipped from suppliers. I'm based in Texas but ship nationwide including California.

A competitor's website has these scary Prop 65 warnings on literally every product. Do I need these too? None of my suppliers have mentioned anything about this. I've been selling for 8 months with no issues.

Is this something I should be worried about?

Yes, you should be worried. Prop 65 is a California law that requires warnings for products containing any of 900+ chemicals "known to the state of California to cause cancer or reproductive harm."

Here's the kicker: it applies to ANY business selling products to California residents, regardless of where you're located. Since you ship to California, you're subject to it.

The enforcement is mostly through private lawsuits. "Bounty hunter" law firms literally search for ecommerce sites without proper warnings and sue for penalties of up to $2,500 per violation per day.

Wait, $2,500 PER DAY?? That's insane. How am I supposed to know if my ceramic planters have these chemicals? I don't manufacture anything, I just resell.

That's the problem with Prop 65 - the burden is on YOU to prove your products don't contain listed chemicals. If you can't prove it, you need to provide a warning.

For your product categories:

• Candles: Often contain lead in wicks or fragrance compounds that trigger warnings. Very common Prop 65 target.
• Ceramics: Glazes may contain lead or cadmium. Huge Prop 65 risk.
• Picture frames: Wood stains, paints, and particleboard can contain formaldehyde and other listed chemicals.

Unless your supplier provides test results showing the products are below Prop 65 thresholds (called a "safe harbor" level), you should display warnings.

I got hit with one of these lawsuits last year. Selling furniture on Amazon. Some law firm sent a notice claiming my products violated Prop 65. Wanted $25K to settle.

My lawyer said fighting it would cost more than settling. Ended up paying $8K plus agreeing to add warnings. Total nightmare.

Add the warnings. It's not worth the risk.

This is terrifying. What exactly needs to be in the warning? Can I just put a generic disclaimer on my site footer or does it need to be on every product page?

For online sales, the warning must be displayed before purchase in a way that's "clear and reasonable." As of 2018, the "safe harbor" warning language is:

"WARNING: This product can expose you to chemicals including [name of chemical], which is known to the State of California to cause cancer. For more information go to www.P65Warnings.ca.gov."

Or the shorter version:

"WARNING: Cancer - www.P65Warnings.ca.gov"

You need to display it on the product page itself, not buried in a footer. Many sites use a yellow triangle icon that links to the full warning. That's generally acceptable.

Pro tip: there are Shopify apps that add Prop 65 warnings automatically to all products. They cost like $10/month and could save you from a $25K+ lawsuit. Total no-brainer.

I use one called "Prop 65 Warning Pro" - just adds a standard warning banner to every product page. Takes 5 minutes to set up.

Word of caution on the "blanket warning" approach: while it protects you from enforcement, it might hurt conversion rates. The warnings look scary to consumers.

The better approach is to:

1. Ask your suppliers for Prop 65 compliance documentation
2. For products with certificates showing compliance, don't display warnings
3. For products without documentation, display warnings

This minimizes the warning spam while keeping you protected.

Also important: if you manufacture or import products yourself, you have additional obligations including filing with California's Office of Environmental Health Hazard Assessment (OEHHA) before you can even assert a Prop 65 warning as a defense.

Quick question - what if I just geo-block California? Can't get sued under California law if I don't sell there, right?

Technically yes, but practically difficult. You'd need to:

• Block California shipping addresses (including forwarding services)
• Block California IP addresses from even viewing your site
• Refuse California credit cards

Even then, if a California resident visits your site while traveling or using a VPN, you could still have exposure. And you're cutting off 12% of the US population (39 million people).

For most businesses, it's easier to just comply with Prop 65 than to try to avoid California entirely.

Update: Reached out to my suppliers. Two of them sent me Prop 65 compliance certificates for some products. The others just ignored my emails or said "you're responsible for compliance in your jurisdiction."

Going to add warnings to all products without certificates. Also looking into product liability insurance that covers Prop 65 - apparently that's a thing.

Thanks everyone for the wake-up call. This could have been a very expensive lesson.

Smart move. One more thing to add to your compliance checklist: keep records of when you added warnings and any supplier communications. If you do get a notice letter, having documentation showing you made good faith efforts to comply can help in settlement negotiations.

Also be aware that Prop 65 is just one of many product compliance issues. Depending on your products, you may also need to worry about CPSIA (children's products), FTC Made in USA claims, FDA cosmetic regulations, etc. Ecommerce compliance is a minefield.