California Prop 65

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California Prop 65

California law contains what is known as the Safe Drinking Water and Toxic Enforcement Act, also referred to as Proposition 65 (“Prop 65”).  Prop 65 is a unique California only “right to know” law that requires products sold in California to bear warning notices about potential exposure to any of the over 800 substances listed by the state.  As a practical matter, Prop 65 warnings may be required for any product (food or non-food) that exposes an individual in California to any chemical listed under the law.

Prop 65 does not ban any products from sale in California; it simply requires warnings about the listed chemical contained in the product. No other state has a law similar to Proposition 65, which requires warnings for listed chemicals contained in products at levels that are far below those that are regulated by the FDA or other federal law.  For example Proposition 65 requires a reproductive harm warning at 1000 times below the level at which reproductive harm is actually observed.  Likewise, a cancer warning is required if a listed chemical contained in a product elevates the risk of cancer by greater than 1 in 100,000.  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 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 some of even the most carefully selected and sourced ingredients contained in Health Force supplements. None of these elements are added by Health Force, who follows good manufacturing practices to eliminate contamination.

As a business decision, HealthForce prefers to comply with Prop 65 by either: (1) providing warnings for its supplements where there are detectable levels of listed chemicals; or (2) limiting the serving size for California residents to avoid any warning requirement. Like many other supplement companies, HealthForce has chosen to provide Prop 65 warnings rather than engage in a long and protracted legal battle to prove in court that any listed chemicals contained in its supplements are naturally occurring or do not cause an exposure requiring a warning under the law.

You should also be aware that the Governor of California has recently proposed reforms to end abusive Prop 65 lawsuits. To learn more about these efforts, please visit the following link: http://www.gov.ca.gov/news.php?id=18026

HealthForce is not alone!

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 cited for Prop 65 violations:

  • 4Life Research
  • Absolute Nutrition
  • Advanced Nutrient Science
  • Advance Physicians Formula (NHK Laboratories)
  • Advocare International
  • AIM International
  • AL Global Corporation
  • Alfa Vitamins Lab
  • ALL ONE Nutritech
  • Aloe Vera of America
  • Amazon Herb Company
  • American Body Building Products
  • Arbonne International (Arbonne Essentials)
  • Arise & Shine Herbal Products
  • Aspen Group
  • AST Sport Science
  • ATF Fitness Products
  • Atrium Inc.
  • Ayush Herbs
  • Baseline Nutritionals
  • Beauty & Health International
  • Betty Lou’s
  • Bio-International
  • Biotics Research Corporation
  • Bristol Farms Pure Synergy
  • Bronson Nutritionals
  • Ceautamed Worldwide
  • Cell-Nique Corporation
  • CGNP Manufacturing
  • Champion Nutrition
  • Chi’s Enterprise
  • Continental Vitamin Company
  • Creations Garden Natural Products
  • DEVA Nutrition
  • DNS Nutrition Products
  • Dr. Health
  • Dr. Mercola
  • Dr. Schulze’s American Botanical Pharmacy
  • EarthLab (Wise Woman Herbals)
  • Erom
  • Forever Living
  • Forevergreen
  • FreeLife International
  • Full Green Circle
  • Futurebiotics
  • Garden of Life
  • General Nutrition Centers
  • Genesis Pure
  • Genesis Today
  • Genisoy Food Company
  • GHC ND Operations
  • Ginco International
  • Global Healing Center
  • GNC
  • Golden Flower Chinese Herbs
  • Golden Neo-Life Diamite International
  • Good Life International
  • Great American Products
  • Greens World
  • Health Body Services
  • Health Plus
  • Healthy Body Services
  • Healthy Directions
  • Healthy Healing
  • Healthy Natural Systems International
  • Heritage Health Products Company
  • ICA Health (Dr. Wilson’s Original Formulations)
  • ICC Industries
  • iHerb
  • Inner Health Group
  • Institute for Vibrant Living
  • Integrated Sports Science
  • Integrity Health Group
  • ISI Brands
  • It Works Global
  • Jarrow Formulas
  • Kan Herb Company
  • Konsyl Pharmaceuticals
  • Kraft Foods
  • Labrada Nutrition
  • Life Extension (XtendOLife)
  • Life Force International
  • Living Intentions
  • LuckyVitamin Corporation
  • MacroLife Naturals
  • Max Muscle Sports Nutrition
  • MET-Rx Engineered Nutrition
  • Metagenics
  • Mountain Rose Herbs
  • MRI
  • MRM
  • Myogenix
  • Natrol
  • Natura Health Products
  • Naturade Operating Corporation
  • Natural Organics
  • Nature’s Answer (Greens Today, Tru Cleanse, etc.)
  • Nature’s Best
  • Nature’s Bounty
  • Nature’s Herb Company
  • Nature’s Plus
  • Nature’s Sunshine Products
  • Nature’s Way Products
  • Naturemed
  • Navitas Naturals
  • New England Greens
  • Nu Skin Enterprises
  • NuCare International
  • Nutraceutical Corporation
  • Nutri-Well International
  • Nutri-West
  • NutriBiotic
  • Nutricologiy
  • Optimum Nutrition
  • Organic By Nature
  • Organic India USA
  • Ortho Molecular Products
  • Promax Nutrition Corporation
  • ProSource
  • Pure Planet Products
  • Quick Trim
  • R-U-VED
  • Raw Indulgence
  • ReNew Life Formulas
  • Rexal Sundown
  • Robbins Research International
  • Self Health Resource Center (Dr. Clark Store)
  • Seychelles Organics
  • Sonne’s Organic Foods
  • Sunfood Superfoods
  • Sunrider International
  • Sunsweet Growers
  • Sunwarrior
  • Supreme Protein
  • Swanson Health Products
  • Symmetry Corporation
  • Tao of Wellness
  • The Clean Program Corp.
  • The Synergy Company
  • Trace Minerals Research
  • TRC Nutritional Laboratories
  • TriVita
  • Ultimate Nutrition
  • United Herbal Sciences
  • United States Nutrition
  • Vega (Sequel Naturals)
  • Vibrant Health
  • Visual Sciences
  • Vital Pharmaceuticals
  • Vitamin Power
  • Vitamin Research Products
  • Vitamin Shoppe
  • VitaTech International
  • Vitonomy
  • Wellness Watchers Global
  • WellNX Life Sciences
  • Western Botanicals
  • Wholistic Botanicals
  • Windmill Health Products
  • World Health Products
  • Yerba Prima
  • A Few Distributors:
  • Amazon.com
  • Drugstore.com
  • Pureformulas.com
  • Supplementwarehouse.com
  • Vitacost.com