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Guide to Proposition 65 and Promotional Products

The effect of this voter initiative on drinkware

By Bill O'Shea, Web Analyst, Motivators, Inc.


The Proposition 65 ballot initiative, created and approved in California, has far reaching effects. Also known as the Safe Drinking Water and Toxic Enforcement Act of 1986, Prop. 65 affects more businesses than those based in California. Any business that ships to this state must meet the requirements of this proposition.

Proposition 65 was overwhelmingly approved by the voters in California in order to decrease their exposure to toxic chemicals. Each year since 1986, the Governor of California has published a list of chemicals that are known, by the State of California, to cause cancer, birth defects, and harm to the reproductive system. Proposition 65 safeguards the citizens of California from these carcinogens and reproductive toxicants by ensuring that they will not come in contact with any drinks. The only way that any of the designated chemicals can be present in a mug or any other drink ware is if the item is labeled. The label gives the consumer the necessary information and protects them from unknowingly coming into contact with these chemicals.

The promotional products industry has had to address this issue by becoming largely Proposition 65 compliant. Many vendors have changed their processes to ensure that their custom printed promotional items comply with this Californian measure. Any failure to label promotional drink ware that does not meet these guidelines can be met with a civil lawsuit and heavy fines. Those companies who have not yet been able to make the necessary adjustments will label their items when shipping to California.

Motivators distributes many custom printed promotional items that are Proposition 65 compliant. Not only is it good for the company’s bottom line to adhere to the guidelines, it helps to keep customers healthy. A healthy, happy customer is one who will return with more business.

Action Steps
The best contacts and resources to help you get it done


How to make sure you comply with Prop 65

There are many publications regarding Prop 65. You can read about its history and find out the chemicals that are listed.
I recommend: To read about the history of Prop 65, check out the California Office of Environmental Health Hazard Assessment website. There is also a great site that updates Prop 65 News.

Report Violations of Prop 65

There are companies who violate Proposition 65. Penalties are in place for these violators.
I recommend: For great information and an opportunity to report violations of Prop 65, the Attorney General of California's Proposition 65 Enforcement Reporting site.

Tips & Tactics
Helpful advice for making the most of this Guide

  • Choose vendors who are either located in California or are Proposition 65 Compliant.
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