The American Herbal Products Association (AHPA) has published Guidance on California Proposition 65 and Hemp Products to educate the hemp industry about the regulatory and liability implications of Proposition 65 for hemp and hemp-derived products, including cannabidiol (CBD), sold in the State of California.

Consumer goods sold in the State of California are generally subject to Proposition 65, the Safe Drinking Water and Toxic Enforcement Act of 1986. The regulations place specific warning requirements on marketers of products sold in the State of California if the product contains chemicals listed by the State as carcinogens or reproductive toxicants. Failure to provide such warnings can result in action by the California Attorney General or by “any person in the public interest.”

In the past decades, numerous companies that sell or manufacture herbal products, including brand marketers, contract manufacturers, and retailers, have been the subject of complaints filed or threatened by several organizations and individuals and local district attorneys and the state attorney general. These lawsuits have alleged that the products sold by these companies contain amounts of heavy metals (primarily lead, and in some cases arsenic, cadmium and mercury) and other listed chemicals that require a warning. Companies that had not provided a warning prior to receipt of complaints have reached settlements that have resulted in payments of up to $682,000 per company, with average settlements in the range of $85,000 to $100,000 per company.

Also of concern are other chemicals on the Proposition 65 list that may be used in the cultivation and processing of cannabis, such as the pesticides myclobutanil and carbaryl, for which some cannabis businesses have received Proposition 65 notices.

For more information, visit www.ahpa.org.