California Prop 65
Proposition 65 (“Prop 65”) is a California law formally known as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 is a unique California only “right to know” law that requires products sold in California or online to California customers to bear warning notices about potential exposure to any of the over 1,000 substances listed by the state as causing cancer, birth defects, or other reproductive harm. The list includes synthetic and naturally occurring chemicals that are found in common household products including food, drugs, and other products. Products containing lead, cadmium, or other listed substances, even in very small amounts, must have a California Proposition 65 warning.
If your shipping address is in California you must agree that you understand and consent to the following which applies to every product we ship to California:
California Proposition 65 WARNING - Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food
California Proposition 65 WARNING - Consuming this product can expose you to chemicals, including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm.
For further information go to www.P65Warnings.ca.gov/food
For additional information about California Proposition 65 see http://www.oehha.ca.gov/prop65.html
Prop 65 warnings may be required for any product that exposes an individual in California to any chemical listed under the law. This is not just about food but includes any item that has the possibility of having any of these "chemicals". This includes electrical wires, jewelry, padlocks, schools, dishes, flashlights, coffee shops, clothing, cars, restaurants, TV’s, furniture, alcohol, diesel engines, amusement parks, parking lots, hardware stores, gas stations, hospitals, and just about any decent-sized business. Even testosterone and estrogen which are naturally produced by your body are listed in Prop 65.
Prop 65 does not ban any products from sale in California; it simply requires warning labels or signage whenever exposure could cause more than “one excess case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime.” That allows anybody to bring a case by finding a listed chemical in a product even if it is present in an amount 1,000 times below the “no observable effect” level. A company can prove the level is meaninglessly low, but that is quite costly to do in court. Most companies end up settling with the plaintiff (even when they are not liable) to avoid the expense of litigation and then add the warning labels to everything.
Lawsuits to enforce Prop 65 against manufacturers may be instituted by the State of California, or much more frequently by private “bounty hunters” and their attorneys who profit from the law. Recently, the dietary supplement industry has been subject to aggressive enforcement by private Proposition 65 bounty hunters over the alleged lead and other heavy metals contained in various supplement products. Lead is a naturally occurring element that is found throughout the entire environment, including in soils where it can be taken up by natural plants and herbs. Many plants, plant extracts, and minerals used in dietary supplement products contain some level of lead, a chemical listed under Proposition 65. Detectable lead can also be found in a variety of food products that are generally considered part of a healthy diet, including fruit juice, seaweed, ginger, and chocolate, all of which have also been the subject of Proposition 65 enforcement.
Detectable lead can be found in almost every food you have eaten in your entire life including carefully selected and sourced superfoods. None of these elements are added by SirtfoodStore.com or Blew FamilyOrganics.com, which follows good manufacturing practices to minimize or eliminate any contamination.
Under federal laws, the federal government cannot take action to limit the use of a chemical unless it has been proven unsafe. So a chemical is generally considered safe unless there is scientific evidence to the contrary. But under California Prop 65, the presumption of culpability is flipped so a company must prove its product is safe and free of all 800 chemicals.
The reason you now see this label on our foods is that, after many years and many lawsuits, the group of attorneys, who had much to do with putting this law into play, are running out of companies in California to sue. They are now pursuing and trying to extract money out of any company that ships its products to California. In the near future, you will begin noticing these warnings on almost everything from every company in the state of California.
Here is what makes this absurd. The FDA, USDA, European Union, and World Health Organization do not agree with this law and found no scientific merit to back it up. Everything we eat contains tiny amounts of heavy metals (defined as chemicals under Prop 65) due to the fact that this is simply the state of our natural environment. The FDA has set guidelines on what is considered safe for many of these items in question and we laboratory test every batch of every product we receive to ensure it not only meets but exceeds these federal requirements.
This law was originally created by the state of California to protect the consumer but now some unscrupulous lawyers are taking advantage for their personal profit rather than a true concern to safeguard the consumer. In 2008 the average settlement was $123,000 and for those companies that try to defend themselves in court, the costs are even higher. The vast majority of these settlement costs end up in the pockets of the attorneys, who brought the case, as legal fees. For this reason, we have been forced to put the warning labels on any product we ship to the state of California even if the naturally occurring levels of heavy metals are well below Prop 65 levels.
In conclusion, we at SirtfoodStore.com and Blew FamilyOrganics.com understand that due to the state of our environment, you the consumer, need to be proactive in order to have vibrant health. Most importantly we need to focus on how the body responds to external stressors, especially the ones we have no control over. In order to support the body's ability to have a healthy stress response the following guidelines will be very helpful:
The daily use of adaptogen and tonic herbs and foods
Nourishing our bodies with real whole foods in order to give us the tools to function at optimal levels
Nourishing our detoxification pathways in order to keep them working at optimal levels
Practice healthy relaxing activities like yoga, meditation, talk therapy, music, light & dance therapy
Maintain adequate hydration status which assists the detoxification processes
Finally, through the consumption of quality food-based protein and daily forms of strength training to keep as much lean muscle tissue on our body as possible
Remember toxins store up in fat tissue so the less we have the better.
I hope this information helps settle any concerns you may have about Prop 65 and these warning labels.
To learn more about California Prop 65 please visit these sites:
The list of companies and products cited for non-compliance to Prop 65 is long and growing. Below are a few examples of companies in the nutritional supplement industry that have been pursued because of Prop 65 violations from unscrupulous lawyers driven by profit rather than public health:
Advanced Nutrient Science
Advanced Physicians Formula (NHK Laboratories)
AL Global Corporation
Alfa Vitamins Lab
ALL ONE Nutritech
Aloe Vera of America
Amazon Herb Company
American BodyBuilding Products
Arbonne International (Arbonne Essentials)
Arise & Shine Herbal Products
AST Sport Science
ATF Fitness Products
Beauty & Health International
Biotics Research Corporation
Bristol Farms Pure Synergy
Continental Vitamin Company
Creations Garden Natural Products
Dr. Schulze’s American Botanical Pharmacy
EarthLab (Wise Woman Herbals)
Full Green Circle
Garden of Life
General Nutrition Centers
Genisoy Food Company
GHC ND Operations
Global Healing Center
Golden Flower Chinese Herbs
Golden Neo-Life Diamite International
Good Life International
Great American Products
Health Body Services
Healthy Body Services
Healthy Natural Systems International
Heritage Health Products Company
ICA Health (Dr. Wilson’s Original Formulations)
Inner Health Group
Institute for Vibrant Living
Integrated Sports Science
Integrity Health Group
It Works Global
Kan Herb Company
Life Extension (XtendOLife)
Life Force International
Max Muscle Sports Nutrition
MET-Rx Engineered Nutrition
Mountain Rose Herbs
Natura Health Products
Naturade Operating Corporation
Nature’s Answer (Greens Today, Tru Cleanse, etc.)
Nature’s Herb Company
Nature’s Sunshine Products
Nature’s Way Products
New England Greens
Nu Skin Enterprises
Organic By Nature
Organic India USA
Ortho Molecular Products
Promax Nutrition Corporation
Pure Planet Products
ReNew Life Formulas
Robbins Research International
Self Health Resource Center (Dr. Clark Store)
Sonne’s Organic Foods
Tao of Wellness
The Clean Program Corp.
The Synergy Company
Trace Minerals Research
TRC Nutritional Laboratories
United Herbal Sciences
United States Nutrition
Vega (Sequel Naturals)
Vitamin Research Products
Wellness Watchers Global
WellNX Life Sciences
Windmill Health Products
World Health Products
A Few Distributors:
Swanson Health Products