California Residents - California Proposition 65
What is California Proposition 65?
“Prop 65” is a piece of legislation approved by ballot initiative by California
voters in November of 1986. Also known as the Safe Drinking Water and Toxic
Enforcement Act, the original purpose of the law was to prevent the dumping of
toxic chemicals in waterways. At the time, the list of known or suspected
carcinogenic (cancer-causing) and reproductive toxins identified by the State of
California numbered about three dozen. Today, however, this list, which is
updated annually by the California Office of Environmental Health Hazard
Assessment (OEHHA), contains more than 800 chemical substances.
Why did my purchase arrive with a warning label?
While all of our products meet or exceed federal and international safety
standards, this law requires that many kinds of consumer goods sold in
California, including herbs and other dietary supplements, must contain a
label with language similar to the following: Warning: This product contains chemicals
known to the State of California to cause cancer and birth defects or
reproductive harm. In California, this label is typically found on
electrical components (especially wiring), luggage, flashlights, jewelry and
glassware, to name just a few items — it’s even found on fresh fruits,
vegetables and nuts. This warning is also required to be posted in a
conspicuous place at hotels, restaurants, gas stations and other public
places. We include the warning label on our products to remain fully
compliant with this law.
Does this mean that the product is dangerous?
No, it does not. However, although the intent of the warning label is to protect
consumers, it does little to inform them. In other words, the law requires the
inclusion of this label even though it says nothing about the actual safety of
the product itself or what, if any, harmful substance is present and in what
amount. In addition, the “safe harbor” of acceptable levels for certain
substances set forth in Proposition 65 are often significantly lower than
federal or international standards. Not only are these levels nearly impossible
to detect with routine testing, but their inclusion is usually the result of
naturally occurring processes.
What kinds of substances are we talking about?
While the list of offending chemicals is extensive, the majority are
understandable. Some, however, are naturally occurring substances that have
increased in volume due to human activities. For example, arsenic is a
deadly poison, but is also a trace element found in low concentrations in
soil, air and water. Some comes from volcanic ash, but most environmental
arsenic persists as the direct result of burning fossil fuels.
Another example is lead. In the U.S., lead exists in virtually all soil at an
average of 16 parts per million (ppm). Due to the extensive use of
lead-containing paints, fuels and other products in previous decades, low-level
lead concentration in soil is now considered to be 500 ppm and 1,000 ppm at the
high end. A small amount of this lead is absorbed by plants. For dietary
supplements, including herbs, the safety standard set by the U.S. Food and
Safety Administration (FDA) for lead is 10 ppm. The Proposition 65 standard is
0.5 micrograms per day – almost 1,000 times lower than the level at which the
FDA deems a potential health risk. To put this into perspective, spinach and
carrots, whether organically grown or not, contain between 3 ppm and 6 ppm of
lead.
Here’s the thing…
Although the spirit of the law is intended to ensure public safety, the way it
is currently implemented undermines consumer confidence and makes companies in
the natural products industry—even farmers and wild crafters—responsible for
environmental pollutants caused by other, less regulated industries. It also
places the burden of proof relating to the safety of any product on companies
who are forced to demonstrate that a warning label is not necessary. Finally,
because enforcement of Prop 65 is conducted via civil litigation, the law, as
written, triggers frivolous lawsuits that are difficult, if not impossible, to
defend against.
If you’re a resident of California, tell your legislators that the FDA already
has a handle on regulating your dietary supplements and that Prop 65 is more
harmful than helpful. Find your legislator on the California State Legislation Directory.
If you live in a different state, communicate your concerns about Prop 65 to
your Congressional Representative. Find yours by state and district on the
House of Representatives Directory.
