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Prop 65CaliforniaJewelry

Does jewelry need a Prop 65 warning?

Updated

Short answer

Only if it causes an exposure above the safe harbor level.

Fashion jewelry often uses base metals, solders and coatings that can contain lead, cadmium or nickel, all on the Prop 65 list. A business with 10 or more employees that sells jewelry into California must give a clear and reasonable warning if wearing or handling it exposes people to a listed chemical above the safe harbor level. Below that level, no warning is needed. California also has separate lead and cadmium limits for jewelry that a warning does not satisfy.

What changes the answer

  • Listed chemicals. OEHHA lists lead and lead compounds for cancer and reproductive toxicity, cadmium for cancer and reproductive toxicity, metallic nickel and nickel compounds for cancer, and DEHP, used in some PVC cords, for cancer and reproductive toxicity.
  • Where exposure happens. For jewelry the routes are skin contact and hand-to-mouth transfer, so the test method should reflect how the piece is worn and handled.
  • Content limits apply anyway. California's Health and Safety Code sets lead content limits for jewelry and cadmium limits for children's jewelry. Failing those is a violation even with a warning. Federal lead limits apply to children's jewelry nationwide.
  • Retailer or brand. If you sell under your own brand, you are responsible. A marketplace seller importing directly is usually the importer and must warn or notify its retailers in writing under 27 CCR 25600.2.
  • Small business. Businesses with fewer than 10 employees are exempt from the warning requirement.

What to do

  1. Get alloy, plating and solder declarations from the supplier and test components for lead and cadmium, and nickel if your designs use base metal in skin contact.
  2. Compare results with the safe harbor levels, or have an exposure assessment done.
  3. If a warning is required, use the 27 CCR 25603 content with a chemical name for each endpoint, on the card, tag or package. A short-form label must name a chemical; legacy short forms without one are protected only for products made and labeled before January 1, 2028.
  4. For online sales, show the warning on the product page, through a "WARNING" link, or before checkout (25602(b)).
HTS lines for jewelry
  • 7117.19.90.00

    7117: Imitation jewelry

    Of base metal, whether or not plated with precious metal / Other

    Imitation jewelry of base metal, other.

    General rate
    11%
    Free or reduced under 17 programs
  • 7113.11.50.00

    7113: Articles of jewelry and parts thereof, of precious metal or of metal clad with precious metal

    Of precious metal whether or not plated or clad with precious metal / Of silver, whether or not plated or clad with other precious metal / Other

    Silver jewelry, other than chain and items valued not over $18 per dozen.

    General rate
    5%
    Free or reduced under 17 programs

Next steps

Frequently asked questions

Does sterling silver jewelry need a Prop 65 warning?
Not because it is silver. It depends on whether solder, plating, stones or findings expose users to a listed chemical above safe harbor levels. Test the finished piece.
Can I use one warning for my whole jewelry line?
A warning should be product-specific. Warning on products that do not need it adds no protection and can confuse buyers. Test by alloy family and warn only where needed.
Does the warning have to be on each piece?
No. It can be on the card, tag, label or package, or on a sign at the point of sale, using the methods in 27 CCR 25602.

Sources

  1. Proposition 65 in Plain Language, California OEHHA
  2. Proposition 65 regulations, 27 CCR 25600 to 25607 (warnings), California OEHHA
  3. List of Proposition 65 chemicals, California OEHHA

This is general information drawn from the official sources linked above. It is not legal advice. Rules change and often turn on the facts of your product, so confirm your test plan with an accredited lab and your obligations with qualified counsel before you import or sell.