What is Proposition 65?
In 1986, California voters enacted what is known as the Safe Drinking Water and Toxic Enforcement Act also referred to as Proposition 65 (Prop 65). Prop 65 requires companies to provide warnings to consumers if their products contain a chemical determined by the State of California to cause cancer or reproductive toxicity. It also requires the State of California to publish and maintain a list of these chemicals. The list has continually expanded since the inception of Prop 65 and it currently contains over 800 substances, many of which may be naturally present in the environment.
The law governs extremely low levels of chemicals and is among one of the most stringent reporting laws in the country. The presence of these low levels of chemicals necessitates warnings only. It is important to note that Prop 65 does not ban the sale or use of any product for health or safety reasons.
The most recent list and other Prop 65 information are available on California's web site: http://www.oehha.ca.gov/prop65.html.
What kinds of foods and products are impacted by Prop 65?
Almost all foods contain certain levels of one or more of the substances/chemicals (arsenic, cadmium, lead and mercury) recognized by the State of California. In many cases, the exposure levels established by Prop 65 are less than what occurs naturally in fruits, vegetables, grains, and even drinking water.
The limits established by Proposition 65 are as follows:
- Arsenic: 10 micrograms
- Cadmium: 4.1 micrograms
- Lead: 0.5 micrograms
Vitamin/supplement products containing all natural ingredients are naturally going to contain these substances.
Should I be worried about consuming Clean's products?
No. It is important to remember that Proposition 65 regulates exposures, not concentrations and not actual harm or injury. Prop 65 also does not ban the sale of any products. Clean products fall within FDA suggested guidelines and can be safely consumed.
If Clean products are safe to consume, why did Clean put the Prop 65 Warning on its website?
Honestly, we struggled with this decision. 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." Although Clean believes that the occurrence of chemicals in our products falls under the naturally occurring allowance exception, California State Courts have not clearly fleshed out this exception or its application. Clean has made a business decision to comply with the Proposition 65 warning label requirements in order to avoid time consuming and extremely costly litigation over compliance for products that we strongly believe in.
Where can I learn more about Prop 65?
If you would like to learn more about Proposition 65, please see the links below:
For more information on Prop 65 please see the State of California’s Proposition 65 website at www.oehh.ca.gov/prop65.html or you may contact the Proposition 65 program at (916) 445-6900.