California’s Proposition 65 requires businesses to give a “clear and reasonable” warning before knowingly and intentionally exposing anyone to a chemical on the state’s list, unless the exposure is below the relevant safe harbor level or poses no significant risk. The regulator, OEHHA, explains in its FAQ for businesses that the businesses themselves must work out whether a warning is needed for their products. This is general information, not legal advice.

Who is responsible

OEHHA’s regulations place primary responsibility for consumer product warnings on manufacturers, producers, packagers, importers, suppliers and distributors. They must either put a warning on the product label or labelling, or give written notice and warning materials to the retailer’s authorised agent and receive an acknowledgment. The notice has to be renewed at least annually. Retail sellers are responsible for placing and maintaining the warning materials they receive, including online.

Are you covered

The FAQ says businesses with fewer than 10 employees are exempt from the warning requirement, but may still have contractual obligations, such as indemnities in supplier agreements. Out-of-state internet retailers are not exempt, though a seller may limit the warning to exposures in California. Nothing in the law requires warnings for exposures outside California.

Is a warning needed for knitwear

The regulations do not require testing. Businesses can use their knowledge of what is in their products or test. Fabrics are not the usual concern. Questions more often arise about components such as prints, coatings, foils, trims, zippers and packaging. Ask your suppliers what is in each component, and ask a lab to test a component if you have a doubt. Warnings are not required merely because a listed chemical is present; the exposure level matters.

Notices have named trims and embellishments. A 60-day notice dated 18 September 2026 in the California Attorney General’s database alleges lead and cadmium in integrated clothing accessories and embellishments such as brooches, pins, charms and buckles on garments including sweaters and fleece sweatshirts. A notice is an allegation, not a finding, but it shows why trims and badges deserve a supplier statement.

If you warn

A safe harbor warning has set content: a symbol, a signal word such as WARNING, and text naming at least one listed chemical for each endpoint. Short-form warnings on labels must be at least 6-point type. OEHHA’s FAQ says that for products manufactured on or after 1 January 2028, a short-form warning must use the new content to keep safe harbor protection, and that older products may keep the prior short form until then. For internet sales, the warning must be on the product page, a clearly marked link, or shown before purchase.

What to do now

Answer the retailer with facts: what the product is made of and what you checked. Agree in writing who gives any warning and keep your records.