Retail Seller

A retail seller under Proposition 65 regulations is a business that sells consumer products directly to end-use consumers in California. Under Title 27 CCR §25600.2(c), a retail seller is generally responsible for ensuring that required Proposition 65 warnings are transmitted to customers. Retail sellers may comply by: (1) affixing a Proposition 65 warning to the product; (2) posting point-of-sale notices; (3) using shelf tags; or (4) by relying on a manufacturer’s warning system under certain conditions. For online retail, the warning must appear on the product page before purchase. Retailers may be held independently liable for Proposition 65 violations if they sell products that require warnings but lack them.

Title 27 CCR §25600.2(c) (responsibilities of retail sellers); California Health & Safety Code §25249.6.

Retailers operating physical stores in California or selling online to California consumers face independent Proposition 65 liability for products lacking required warnings. Best practices for retailers include: implementing a supplier certification programme requiring Proposition 65 compliance statements from vendors; conducting spot-testing of high-risk products; and building warning display systems for both in-store and e-commerce channels. Retailers should not assume that manufacturer compliance automatically transfers liability protection without documented verification.