Compliance
California Proposition 65
Core position: Prop 65 is a warning obligation on the party selling into California. We supply chemical test data and warning text inputs. The warning decision, the format and the placement are the seller's responsibility, because the seller is the party exposed to enforcement.
Prop 65 sits on top of the federal and state toy rules. A toy can be fully compliant with CPSIA and still need a California warning if it contains a listed chemical above the applicable threshold.
What Prop 65 requires
The Safe Drinking Water and Toxic Enforcement Act requires a "clear and reasonable warning" before exposing Californians to chemicals the state has listed as causing cancer, birth defects or other reproductive harm. There is no pre-approval and no certificate. Enforcement is driven largely by private parties: a 60-day notice of violation is the usual first step, and settlements are a cost of doing business for sellers who ignore the warning.
That structure explains why Prop 65 is treated as a commercial risk rather than a paperwork item. The warning is either there, in the required form, or the seller is exposed.
Which chemicals matter for a wooden toy
The usual candidates for 0–3 wooden toys:
| Chemical | Where it can appear | Why it is listed |
|---|---|---|
| Lead | Paints, coatings, some recycled timber, metal hardware | Developmental and reproductive harm |
| DEHP | Plasticisers in flexible components, some coatings and inks | Cancer and reproductive harm |
| DINP | Plasticisers in some PVC and soft components | Cancer |
| Cadmium | Pigments and metal components | Cancer and reproductive harm |
| Other listed substances | Adhesives, finishes, printing inks | Varies by listing |
A wooden toy with water-based paint and no flexible plastic parts is a lower-risk profile, but the only way to know is the chemistry data. A statement that "wooden toys do not need Prop 65 warnings" is not a safe position.
Long form versus short form
| Format | Content | Practical use |
|---|---|---|
| Long form | "WARNING: This product can expose you to [chemical], which is known to the State of California to cause [cancer / birth defects or other reproductive harm]. For more information go to www.P65Warnings.ca.gov" | Full warning, familiar to buyers |
| Short form | Short warning with the specific chemical named, plus reference to the website | Space-constrained packaging |
The short form is not a lesser warning in spirit, but it carries specific content requirements — including naming at least one chemical — so it cannot be used as a generic "this product contains chemicals known to California" line.
The 2025 rules and the 2028 transition
The short-form warning rules changed. The current position to plan around:
- The amended short-form rules took effect on 1 January 2025.
- The short form must name at least one listed chemical rather than using a generic statement.
- For sales online, the warning must appear on the product display page, not only on a site-wide page or in a footer.
- The transition period runs to 1 January 2028, so packaging produced under the older rules needs a plan to be updated.
Confirm the current OEHHA guidance for the exact wording and methods before signing off artwork, because this is a moving area of California law.
Warning placement for online sellers
For a wooden toy sold on Amazon, a brand site or a marketplace, the warning belongs in the product detail area. Practical implications:
- The listing needs a warning field populated with the correct text for the product, not a generic statement.
- If the product is sold in California and elsewhere, the warning still has to appear for California buyers — the channel does not exempt it.
- Retail packaging sold in California stores needs the warning printed, in the required format.
- Where a listing already carries a safety warning, the Prop 65 warning is separate from it.
What we supply, and what stays with the buyer
| Item | We supply | Buyer does |
|---|---|---|
| Chemical test data for lead, phthalates and relevant metals | Yes, per model and material | Uses to assess exposure |
| Material declarations for coatings, inks and plastics | Yes | Supports the assessment |
| Warning text input and artwork space | Yes | Decides and applies the warning |
| Prop 65 assessment decision | No | Seller's obligation |
| Listing warning field content | Input only | Seller publishes |
FAQ
Q: Do all wooden toys need Prop 65 warnings?
No. The requirement depends on whether the product exposes users to a listed chemical above the applicable threshold, which is determined by the chemistry of the materials. A clean test profile on a simple unfinished wood product is a different case from a painted toy with soft plastic parts.
Q: Can we use the short-form warning without naming a chemical?
The amended short form requires at least one listed chemical to be named. A generic short warning is exactly the practice the rules change was designed to stop.
Q: Where does the warning go for an online listing?
On the product display page, in the product detail area. A warning on the homepage or in the site footer does not satisfy the requirement for that listing.
Q: Is a Prop 65 warning an admission that the product is unsafe?
It is a disclosure requirement about exposure, not a product safety finding. Buyers should treat it as a labelling obligation with its own legal logic, separate from the toy safety file.
Related pages: US CPSIA and the CPC and the compliance centre. For the document pack needed for a US order, see documents we supply or use the quote form.
This is a commercial explainer, not legal advice. Certification is model-specific and market-specific.
Tell us the model and the market
We confirm whether a report exists, or whether testing can be commissioned.