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California Prop 65

What is Proposition 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 and
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 Z Natural Foods, 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 Z Natural Foods understand that due to the state of our environment, you the consumer, need to be proactive in order to have vibrant health. As a health coach, Master Herbalist, and Director of Education at Z Natural Foods, I have produced guidelines that you may want to consider in order to achieve this goal. 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:

    http://www.WhyThisWarning.com
    http://prop65scam.com/
    http://www.theiplawblog.com/2014/01/articles/legal-info/proposition-65-twenty-seven-years-later-and-still-no-observable-effect/
    https://www.gov.ca.gov/news.php?id=18026
    https://cdn.shopify.com/s/files/1/0971/6576/files/prop65_explained_jan2016.pdf?12587164411280906725
    https://www.nowfoods.com/now/nowledge/california-residents-proposition-65-warning-faqs


    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:

    4Life Research
    Absolute Nutrition
    Advanced Nutrient Science
    Advanced 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 BodyBuilding 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
    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
    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
    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
    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
    DPS Nutrition
    iHerb
    GNC
    Swanson Health Products
    Vitacost.com

     

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