What is Proposition 65?

Author: Geoff Brokx

In 1986, California voters passed Proposition 65, the Safe Drinking Water and Toxic Enforcement Act. This law is a “right to know” law that was written to protect the health of Californians by letting them know when a substance in a product they are purchasing may cause harm. This law dictates that substances that are known to the state of California to cause cancer, birth defects, or reproductive toxicity are published in a list by the governor annually, and warning labels must be used on products that contain a listed substance at or above a predetermined level. Currently there are over 900 different substances listed, including cadmium, mercury, and lead. Due to the diversity of substances listed, warnings can be found on a wide variety of consumer products, including electrical wire, padlocks, jewelry, and dishes, as well as foods and supplements.

For a product to be required to include a warning about cancer-causing potential, it must contain a listed substance at or above the level that the state of California has determined leads to a 1 in 100,000 risk of cancer development. This means that if 100,000 people were exposed to the determined level of exposure for a 70-year lifetime, only 1 person would be expected to have cancer attributable to that substance. The substances listed in this group are regarded by general scientific consensus as possible carcinogens, suggesting that the substance might cause cancer in some people. However, not all of the substances in this group are known carcinogens that have been proven to the worldwide scientific community to actually cause cancer.

For a product to be required to include a warning about birth defects or reproductive harm, it must contain a listed substance at or above a “Maximum Allowable Daily Limit (MADL).” The MADL is determined by taking the “no observable effect level” (NOEL), the highest level of the listed substance “that has been shown to not pose any [reproductive or developmental] harm to humans or laboratory animals”¹ and dividing it by 1,000 to provide an additional margin of safety. For example, the NOEL for lead is 500 micrograms/day, while the Proposition 65 MADL limit, the amount that would require a warning label, is 0.5 micrograms/day.² For reference, the FDA has set the limit for lead in a liter of bottled water at no more than 5 micrograms.³

Why do I see Prop 65 warnings on products sold outside of California?

A growing number of products on store shelves carry Prop 65 warning labels to inform consumers that the product contains a substance that can cause cancer, birth defects, or reproductive harm. Although the warnings are only legally required for products sold in the state of California, many companies print one label for the entire United States; therefore, consumers across the country may see these warnings on a wide variety of products.

Why are heavy metals in my food and supplements?

Heavy metals are widely distributed in our environment, including our air, water, and soil. When plants and herbs are grown in soil containing these heavy metals, they take up these substances through their root structure and store them in the plants. Some foods, like oysters, may take up certain heavy metals such as lead and/or cadmium from the water from which they were sourced. This means that some level of heavy metal exposure can occur through eating just about any food, in addition to supplements made from these foods.

Bottom Line

Since our founding in 1955, Natural Grocers has always focused on offering the highest quality products. We have a team of quality standards experts who scrutinize every ingredient in new products, and we prioritize products that are organic and non-GMO. The reality is that most natural and organic food companies we partner with have food safety in mind and, if they have a Prop 65 warning, it is to avoid a frivolous lawsuit rather than there being a concern that their product is not safe for human consumption.

When it comes to supplements, all Natural Grocers’ supplement manufacturers must adhere to Good Manufacturing Practices (GMP). GMP regulations are set by the FDA and ensure that dietary supplements meet rigorous standards for quality, strength, and purity. This means that supplements must meet strict guidelines for maximum allowable toxin exposure under United States law, so while a supplement may contain a substance requiring warning labeling under Proposition 65, it cannot contain levels that exceed limits set by the FDA. Additionally, we require additional testing of some ingredients that are known to have possible exposures to environmental toxins to ensure they are within safe limits.

While we agree that everyone has the right to know what substances they are exposed to, the warnings required by California Proposition 65 can be misleading to consumers. Frequently the level of a substance requiring warning labels is so low that even some healthy vegetables and fruits may naturally exceed the limit! Does this mean we should avoid vegetables and fruits? No! It means that each of us must take personal responsibility for our health and seek education to determine the best diet, supplements, and lifestyle for ourselves as individuals.