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 and shipped to California customers to bear a warning notice 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, medications, 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 computers, electrical wires, jewelry, padlocks, schools, dishes, flashlights, coffee shops, clothing, cars, restaurants, mobile phones, TV’s, furniture, alcohol, diesel engines, amusement parks, parking lots, hardware stores, gas stations, hospitals, etc. Even testosterone and estrogen, which are naturally produced by your body are listed under Prop 65.
Prop 65 does not ban any products from being sold 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.” Even if a substance is present in an amount 1,000 times below the “no observable effect” level a Prop 65 warning must be displayed.
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 supplements and food.
Lead is a naturally occurring element that is found throughout the environment, including in soils where it can be taken up by plants and herbs. Many plants, plant extracts, and minerals used in dietary supplement products contain some level of lead, which is 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.
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 every chemical listed under Prop 65.
The reason you now see this label on our products is, after many years and many lawsuits, the attorneys are running out of companies in California to sue. So they have begun pursuing companies outside of the state that ship product to California. For smaller companies like ourselves, it is not feasible to make a special label only for products shipping to the state of California so we have been forced to add the Prop 65 warning to every product we sell no matter where we ship it to.
The FDA, USDA, European Union, and World Health Organization do not agree with the California Prop 65 law and have 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 they naturally occur in the environment. The FDA has set guidelines on what is considered safe and laboratory testing of our products is done to ensure they not only meet but exceed these limits.
Prop 65 was originally created by the state of California to protect the consumer, but some lawyers have taken advantage for their own profit. In 2008 the average settlement was $123,000 and for those companies that try to defend themselves in court, the costs have been 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.
At Z Natural Foods we understand that, due to the state of our environment, consumers need to be proactive in order to have vibrant health. We 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:
To learn more about California Prop 65 please visit these sites:
http://www.theiplawblog.com/2014/01/articles/legal-info/proposition-65-twenty-seven-years-later-and-still-no-observable-effect/ 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 of 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:
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 Body Building Products
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
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
Legal Notice Disclaimer Policy
The dietary and other substances discussed on this site may not have undergone evaluation and/or testing by the United States Food and Drug Administration or like agency of any other country. Risks that might be determined by such testing are unknown. The information on this site is not meant to cover all possible uses, precautions, interactions, or adverse effects. Where these substances are dietary supplements, they are not intended to diagnose, treat, cure or prevent any disease, condition, or illness. In some jurisdictions, some of these substances may be considered prescription drugs, controlled or contraband substances. Since the information published on the Z Natural Foods website is accessible to anyone throughout the world, Z Natural Foods does not give legal or medical advice that may apply to any particular consumer. Consumers are cautioned to check with local, regionalized legal counsel and/or health care professional(s) before making any purchases of products and/or services on the Z Natural Foods Web site. The policy opinions expressed on this site, and on sites to which it may link, are not necessarily the views of the Z Natural Foods and are not adopted for commercial purposes.
Caution: Our products are not intended for use by pregnant or breastfeeding women. If you are taking any prescription medications, are taking any kind of hormone modulating supplements such as anabolic steroids or hormone replacement therapy or have any type of hormone-responsive diseases or conditions such as breast or prostate cancer, benign prostatic hypertrophy, or thyroid disease, consult your health care professional before using this product.
- Recommendations and protocols for nutritional support are not intended as a substitute for appropriate medical care.
- When taking any of our products always start with a very small amount ( 1/4 teaspoon for most whole food powders, 1/10 teaspoon, or less for extracts) once daily for the first week to see how your body reacts. Then you may increase the dose slowly if you do not experience any negative effects.
- The products and the claims made about specific products on or through this site have not been evaluated by the United States Food and Drug Administration and are not approved to diagnose, treat, cure, or prevent disease.
- If you have a medical condition or disease, please talk to your doctor prior to using the recommendations given.
- Do not self-diagnose. Proper medical care is critical to good health. If you have a health concern or undiagnosed sign or symptom, please consult a physician, or a health care specialist ASAP.
- Never delay or disregard seeking professional medical advice from your doctor or other qualified healthcare providers because of something you have seen or read on this site.
- There may be mistakes and omissions on product descriptions, product labels, product nutritional facts, and product supplement facts
- Some products may contain milk, egg, Crustacean shellfish, Solanaceae, fish, tree nuts, wheat, peanuts, nightshade, soybeans, and/or gluten.
- Product Ratings by previous or current customers are not intended as a substitute for appropriate medical care or advice. Please talk to your doctor prior to using the recommendations given.
- Make your physician aware of all the nutritional supplements or herbal products you are currently taking to avoid any negative interactions with any drugs you are taking.
- Z Natural Foods, its affiliates, associates, employees, suppliers, etc. will not be held responsible for any negative effects caused by or associated with the use of our products.
- You should always speak with your doctor or health care professional before you start, stop, or change any prescribed part of your health care plan or treatment and to determine what course of therapy is right for you.
- If you are currently taking a prescription medication, you absolutely must work with your doctor before discontinuing any drug or altering any drug regimen.
Individual results will vary and comments, products, claims, reviews, social media posts, success stories, and testimonials are not typical and have not been evaluated by Z Natural Foods or the U.S. Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or medical condition. Always consult with your professional health care provider before changing any medication. Always read all labels, check all ingredients, and follow all directions before using any products.