If you’ve spent time in California or purchased supplements from a California-based company, you’ve likely encountered the Prop 65 warning label. Known for its severe language, these labels can cause understandable concern.

However, it's important to note that products carrying this warning often meet or exceed the stringent regulations required for legal sale. So, if these warnings are accurate, how are these products still on the market?

The answer lies in the complex nature of California regulations. Let's break down Prop 65 so you can form your conclusions.

Enacted in 1986, the Safe Drinking Water and Toxic Enforcement Act—commonly referred to as Proposition 65 or Prop 65—was passed by California voters to improve public health.

While well-intentioned, Prop 65's actual impact on public health is debatable, especially given the significant burden it places on businesses.

The law mandates the State of California to identify chemicals that could potentially cause cancer, congenital disabilities, or reproductive harm. These chemicals are added to an ever-growing list, which currently exceeds 800 substances.

Businesses must then inform consumers of any possible exposure to these chemicals, regardless of the actual amount present or the realistic risk posed. To comply, companies must display in-store signs and affix warning labels to specific products.

What Ingredients Are Included in Prop 65?

Numerous compounds, both artificial and natural that California classifies as reproductive toxins or carcinogens are included in the Prop 65 list. Among these are:

• Pesticide additives or ingredients
• Common household products
• Food ingredients
• Drugs
• Dyes and artificial coloring
• Chemical solvents
• Byproducts from manufacturing or chemical processes

Even if a product contains just one chemical from this list, it must carry a warning label, although the specific chemical and its amount are not required to be disclosed.

Prop 65 sets “Safe Harbor” exposure levels for many of these chemicals, often around 1,000 times lower than those established by the FDA, EPA, or WHO.

In many cases, the exposure levels stipulated by Compared to those found naturally in foods, vegetables, grains, and even drinking water, Prop 65 is lower. Take the naturally occurring lead content in the following foods, for instance:

Lead count 24 times greater than the Prop 65 limit:

• 12.2 mg of Italian salad dressing
  
• 10.2 mg of roasted mixed nuts (not peanuts)
• Beef liver fried to a 9.0 mcg

16 times more leads than the maximum allowed by Prop 65:

• Fresh, boiled Brussels sprouts: 7.9 mcg
• Fresh, baked sweet potato: 7.2 mcg
• Boiled spinach: 7.0 mcg
• Dry table wine: 6.8 mcg

8x higher lead-count than the Prop 65 limit:

California’s Prop 65 vs National Standards

One of the most striking aspects of Prop 65 is how its standards differ significantly from those set by national organizations like the FDA and EPA. Take lead, a naturally occurring element found throughout the environment, particularly in soil.

According to the EPA, naturally occurring lead concentrations in soil can vary from 50 to 400 parts per million (ppm). Factoring in artificial pollution, some areas, particularly near factories, can have lead levels as high as 10,000 ppm.

Even vegetables grown in soil with relatively low lead content can contain enough lead to exceed Prop 65 limits. For instance, spinach and radishes grown in soil with 500 ppm of lead can have levels exceeding three ppm, while beets and carrots might contain over six ppm.

Consequently, it’s nearly impossible to produce natural herb products entirely free of trace amounts of lead, especially those derived from herbal roots.

However, keeping these levels well below national safety standards is possible. The FDA’s maximum allowable lead content for dietary supplements is ten ppm, while international standards typically set the limit around five ppm.

In contrast, Prop 65’s Safe Harbor level for lead is just 0.5 micrograms per day, far below the FDA’s daily limit of 75 micrograms for adults and six micrograms for children.

According to the European Food Safety Authority, an adult typically consumes 50 micrograms of lead per day, 100 times the daily level allowed by Prop 65.

Any product in California that could potentially expose someone to more than 0.5 micrograms of lead per day must carry the Prop 65 warning label. Yet, most foods and supplements with this warning contribute only a fraction of the average person’s daily lead intake and remain within national safety limits.

Why is there no warning label on every herbal product?

There are several reasons why a manufacturer might not include a Prop 65 warning label on their product, such as:

Their product has been tested and found to be below Safe Harbor limits.

If a Prop 65 warning label is not used, the hazards to the supplier's legal position may need to be disclosed.

They plan to start using the label but haven’t done so yet.

In reality, some companies may choose to risk potential legal fees rather than include a Prop 65 warning that could alarm consumers. Although rare, some herbal products do fall below Safe Harbor limits.

At Wild Foods, we prioritize the safety and quality of our products. All our items meet or exceed federal safety standards, and we rigorously test them to ensure they comply with California's stringent Prop 65 requirements.

To achieve Wild Foods Certification, our products undergo extensive quality control at multiple manufacturing stages. We set our safety standards for lead, cadmium, mercury, and arsenic well below the FDA and California state levels.

We stand behind the safety of our products and offer a 60-day money-back guarantee for customers who are not completely satisfied.

If you have any questions or concerns, please don’t hesitate to contact us. We’re here to help!