Are out-of-state internet retailers exempt from Proposition 65?

No. Proposition 65 applies to all businesses with 10 or more employees that cause exposures in California to listed chemicals in their products. A retail seller may comply with the safe harbor regulations by providing the warning only to persons who reside in California. Some online retail sellers who currently provide an internet warning do so by providing the warning as a pop-up when the purchaser enters a California zip code. This is an example of a way to prominently display “the warning to the purchaser prior to completing the purchase.” There are products that are sold outside California that carry Proposition 65 warnings because the product manufacturer or retail seller has determined that it is infeasible to only provide warnings to California purchasers. However, nothing in the law or regulations requires businesses to provide warnings outside California.