What Is California's Proposition 65?

The California Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65 (Prop 65), is a “right to know law.” As part of this state law, California is required to publish a list of naturally occurring and synthetic chemicals known to the state of California to cause cancer and/or to cause birth defects or other reproductive harm. Since its inception, this list has grown to include approximately 900 chemicals. The law requires people in California to be given a clear and reasonable warning when a Prop 65 chemical is present in a product or location. A Prop 65 warning does not necessarily mean harmful levels of any chemical are in a product or location—only that there is an exposure to the chemical.

How Do These Chemicals Get into Foods and Dietary Supplement Products?

Plants absorb chemicals and metals through the air and soil. Since some Prop 65 chemicals—including lead—are found in the environment, they can end up in food and dietary supplements made from natural ingredients.

The mere presence of a Prop 65 chemical does not mean a food or product is unsafe. For example, the Prop 65 regulations provide a safe harbor level¹ for lead, but that safe harbor level is much lower than lead levels that can commonly be found in many fruits, grains, vegetables, and dairy products. Based on testing data provided by the FDA,² a healthy person eating the recommended 3-5 servings of vegetables could potentially consume several times more lead than the level triggering a California Prop 65 warning for a dietary supplement product.

An example of a Prop 65 warning you might see for a product that causes an exposure to lead is:

The presence of a Proposition 65 warning does not mean a product is in violation of any product safety standards or requirements.

Why Is It Safe to Consume Bariatric Advantage Products with a Prop 65 Warning?

Bariatric Advantage has an intensive testing and product safety program. Every ingredient and product is tested for safety on a regular basis. Before approval, new products go through a thorough review process for quality and safety to ensure the ingredient profile is safe and each ingredient meets Bariatric Advantage standards.

For additional information about Prop 65, please visit www.P65Warnings.ca.gov.

References:

1. Prop 65 provides “safe harbor” levels for approximately one-third of the chemicals on the Prop 65 list. If a Prop 65 chemical is present in amounts below this safe harbor, a warning is not required.
2. U.S. Food and Drug Administration. Total Diet Study: Market Baskets 2006 through 2013. www.fda.gov/downloads/Food/FoodScienceResearch/TotalDietStudy/UCM184301.pdf. Accessed February 21, 2018.