Tobacco Smoke

Tobacco smoke is identified as a source of Proposition 65-listed carcinogens and reproductive toxicants, including tobacco smoke (listed as a carcinogen October 1, 1988) and several specific tobacco smoke constituents (benzene, formaldehyde, vinyl chloride, cadmium, and others). Environmental tobacco smoke and ‘second-hand smoke’ are among the most common triggers for workplace, hotel, and building Proposition 65 exposure warnings. OEHHA has established specific safe harbour warnings for tobacco smoke-related exposures in the workplace and other environmental contexts.

OEHHA Proposition 65 list (tobacco smoke listing October 1, 1988); Title 27 CCR (workplace warning provisions for environmental tobacco smoke).

Businesses operating hotels, rental properties, bars, restaurants, or workplaces where tobacco smoking is permitted or has occurred must assess their Proposition 65 warning obligations for tobacco smoke. For businesses manufacturing smoking products or accessories, Proposition 65 obligations apply to chemicals in and released from those products. This is particularly relevant for e-cigarette and vaping product manufacturers, given the multiple listed chemicals potentially present in these products.