This notice APPLIES ONLY TO CALIFORNIA CONSUMERS AND NOT TO CONSUMERS IN ANY OTHER STATE, nor any other country.
California Prop 65 WARNING: Consuming this product can expose you to chemicals including lead, which are known to the State of California to cause cancer and birth defects or other reproductive harm. For more information go to http://www.p65warnings.ca.gov/food
Proteins, plants, and minerals all are well-known to contain substances that exceed those allowed exposures on the Prop 65 list. Naturally grown plants absorb metals and other trace chemicals from the soil in which they are grown. For example, Prop 65 sets a safe harbour limit of 0.5 mcg of lead per serving, but this limit is far below the amount of lead naturally found in many fruits and vegetables grown on clean, non-contaminated soils. In 2009 the State of California conducted its own food crop soil-lead-uptake analysis (Agriculture, Ecosystems and Environment 129:212-220), and California’s experts found that the most commonly consumed vegetables (from 70 different locations), averaged nearly four times the Prop 65 lead limit per serving.
When compared with the Prop 65 standards, each serving of potatoes, lettuce, wheat, carrots and many other vegetables would require a lead warning.
Prop 65 regulates exposures, not concentrations and not actual harm or injury. Natural proteins, for example, naturally have high levels of lead. Any process to remove the lead would destroy the protein. All Kroma products fall within FDA suggested guidelines for any/all of the chemicals listed by Prop 65 and can be safely consumed.
In California it’s a law known as the Safe Drinking Water and Toxic Enforcement Act. It’s also referred to as Proposition 65 and for short: Prop 65.
Prop 65 states that no warning is required when the listed substance occurs naturally in a food product, and not as the result of “known human activity.” However, the State of California has never issued clear guidelines on how this exception applies to the health supplement industry. Even when the ingredient is natural, and placed into a supplement, we enter the Prop 65 notification requirement.
It is generally understood that lead and other substances occur naturally in the environment and are found in trace amounts in naturally occurring ingredients, including those ingredients used to make dietary supplements. However, to claim this naturally occurring exception to Prop 65 (i.e.: to not post the labels on products) usually lands the claimant in an expensive, time consuming, and business destroying legal proceeding.
Almost all foods contain some level of one or more of the substances recognized by the State of California. In most cases, the exposure levels established by Prop 65 are less than what occurs naturally in fruits, vegetables, and even drinking water. The Proposition 65 exposure standards are so strict that certain natural foods such as yams, turnips, apples, tomatoes, artichokes, carrots, cucumbers, green beans, lettuce, spinach, and potatoes, provide exposures in excess of Prop 65 limits. However, food producers are not required to provide Prop 65 notices.
We comply with the law, and until any legislative changes occur, we will continue to place Prop 65 Warnings on relevant products sold to or in the State of California.