Clear and reasonable warning
The warning must be 'clear and reasonable' as defined by the regulations — including the safe-harbor content, placement, and language requirements for consumer products.
The most defensible Prop 65 determination a brand can have.
SafeHarbor delivers a signed, audit-ready warn/no-warn determination for every SKU — with a documented safe-harbor exposure basis, the correct compliant warning text, and a continuously monitored compliance file — checked against OEHHA’s chemical list and Title 27 safe-harbor levels before a toxicologist and Prop 65 attorney release it.
Every SKU screened against the ~1,000-chemical OEHHA listSafe-harbor exposure basis documented per 27 CCR §25601–25607Toxicologist-reviewed exposure assessmentProp 65 attorney-signed determination5-business-day SLA
Why brands get sued
A missing or wrong warning can cost $2,500 per day per violation.
California’s Proposition 65 requires a clear and reasonable warning before knowingly exposing anyone in California to any of the roughly 1,000 listed chemicals — unless the exposure falls below a safe-harbor level. But the law is enforced not by an agency but by private plaintiffs who are entitled to civil penalties of up to $2,500 per day per violation plus their attorney fees. In 2024, there were more than 1,300 settlements totaling $27.08 million — 87% of which went to plaintiff attorney fees.
Most mid-market brands have no toxicologist on staff and no systematic way to determine whether each SKU needs a warning. They rely on lab tests that report concentrations, not a warn/no-warn call, or they wait until a 60-day notice arrives and then hire a defense attorney at $400/hour. That reactive approach turns every un-warned SKU into a litigation target.
SafeHarbor exists to close that gap with a single, exhaustive determination standard applied identically to every SKU.
$24,600
average settlement per Prop 65 notice in 2024 — before your own legal costs
The benchmark
Measured against the safe-harbor rules — chemical by chemical, exposure by exposure.
We do not guess whether a warning is needed. Every determination is scored against a versioned rule pack tied to the exact text of Title 27, California Code of Regulations, sections 25601–25607, and the OEHHA chemical list. These are the provisions each determination is held to.
Safe-harbor exposure levels
For each chemical detected, the exposure is compared to the No Significant Risk Level (NSRL) for carcinogens or the Maximum Allowable Dose Level (MADL) for reproductive toxicants. If below, no warning is required.
Warning content
The warning must include the specific chemical name(s) and the statement: 'This product can expose you to [chemical name], which is known to the State of California to cause cancer [and/or birth defects or other reproductive harm].'
Method of transmission
For consumer products, the warning must be provided on the product label, or if not feasible, via a sign, shelf tag, or electronic warning at the point of sale — with specific requirements for online sales.
Safe-harbor determination basis
The determination must be based on a reasonable exposure assessment considering the product's use, frequency, and duration — documented in the defense file.
Annual update requirement
The determination must be reviewed and updated annually, or whenever the OEHHA list changes, to ensure continued compliance.
How a determination is built
Intake to expert release, with deterministic gates the AI cannot overrule.
AI extracts and drafts. Deterministic rules — running as code, outside the model — decide what is complete. A qualified toxicologist and a Prop 65 attorney sign every release. That order is never reversed.
01
Compliance Gap Scan
Upload your product catalog and formulations. We return a free completeness read: which SKUs have a determination, which are missing, and which chemicals are likely present.
02
Formulation & BOM ingestion
As your authorized clerical agent, we ingest your BOMs, supplier disclosures, and lab reports, and screen every ingredient against the OEHHA chemical list.
03
Exposure assessment drafting
For each detected chemical, we draft an exposure assessment comparing the expected intake to the NSRL or MADL, using standard exposure scenarios.
04
Deterministic completeness gates
The chemical list is checked against the latest OEHHA update; the exposure assessment is verified against safe-harbor levels; the warning text is validated for regulatory compliance. Any failure blocks release.
05
Toxicologist & attorney review
A qualified toxicologist reviews the exposure assessment and makes the exposure call. A Prop 65 attorney reviews the determination and signs the final warn/no-warn decision.
06
Delivery
You receive the signed determination per SKU, the correct warning text for label and online, the exposure assessment rationale, and a monitored defense file — ready for your records and retailer demands.
The bar we hold
Rigor you can measure.
100%
Expert-signed
No determination ships without a toxicologist and attorney signature.
5 days
Standard SLA
From complete intake to released determination.
<1%
Critical-defect target
Tracked against a gold-standard determination library.
3
Expert review layers
AI draft · toxicologist exposure call · attorney sign-off.
Why SafeHarbor
Built to be the most defensible option a brand has.
Documentation-complete, by design
The deliverable is completeness itself — every chemical screened, every exposure assessed, every warning element accounted for or explicitly exception-coded. Nothing is left implicit.
Deterministic, not vibes
The gates that decide completeness are code, not a model's opinion. A drafting error cannot slip past a safe-harbor requirement.
In its lane, on purpose
We prepare documentation and run searches as your clerical agent. We never give legal advice, contact plaintiffs, or represent you in litigation.
Engagement
Flat fee, per released determination. No contingency, ever.
Simple, predictable, and aligned with a documentation standard — not a cut of any settlement or recovery.
- A free Compliance Gap Scan before you commit — see exactly which SKUs are at risk.
- One flat fee per released determination; disclosed pass-through lab test costs if needed.
- Optional annual monitoring subscription for OEHHA list updates and re-determination.
- Optional Notice Response Add-on for 60-day notice response drafting and attorney review.
FAQ
Questions, answered precisely.
Is SafeHarbor a law firm?
No. SafeHarbor, a service of Your Deputy, Obuke LLC, provides documentation-completeness services. It is not a law firm, does not provide legal advice, and does not represent you in any legal matter. Attorney review is included in every determination, but the determination itself is a documentation service.
Do you contact plaintiffs or defend me in court?
Never. SafeHarbor is not a litigation defense firm and does not contact plaintiffs or represent you in any legal proceeding. The determination is a documentation tool for your compliance file.
What makes a determination 'defensible'?
Defensibility is defined by the safe-harbor rules: a documented exposure assessment comparing each chemical to the NSRL or MADL, a signed determination by a qualified toxicologist and Prop 65 attorney, and a complete defense file with all supporting data.
How fast is it?
The standard SLA is five business days from complete intake to a released determination. The free Gap Scan is returned much sooner and tells you exactly which SKUs need attention.
How are you priced?
A flat fee per released determination, plus disclosed pass-through lab test costs if needed. No contingency and no percentage of any settlement or recovery.
See which SKUs are at risk before a 60-day notice arrives.
Start with a free Compliance Gap Scan. Send your product catalog and formulations and we'll return a completeness read against every safe-harbor requirement.
Documentation-completeness service · not legal advice · the brand retains all compliance responsibility.