Are all-natural products — such as hemp — outside the scope of Proposition 65?
Natural products are only out of scope for Proposition 65 if they are food products with naturally occurring substances. While hemp may not meet that requirement, it is still unlikely to contain significant amounts of Proposition 65 listed substances.
"Bounty hunter" firms that initiate enforcement cases tend to look for a sure deal rather than fringe cases, so a supplier of all-natural products may choose not to prioritize Proposition 65 compliance on the assumption that they are an unlikely enforcement target. However, this choice ultimately comes down to individual companies’ appetite for risk.
Article contents are current as of 2019-12-20.