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Proposition 65 Warning for California Residents

California's Safe Drinking Water and Toxic Enforcement Act of 1986 aka Prop 65 contains a wide range of chemicals that are known to the state of California to cause cancer or reproductive toxicity. A Proposition 65 Warning is used to inform Californians about their exposures to chemical(s) that cause cancer, birth defects or other reproductive harm. Since its introduction, the list has grown to include over 800 chemicals, both natural and synthetic. The list includes many chemicals found in household items as well as those present in food and beverages.

 

Proposition 65 also requires any company selling products to consumers in California to provide a “clear and reasonable warning” about the presence, even at trace amounts, of a Proposition 65-listed chemical. It must be noted that Proposition 65 does not ban the sale of a product that contains a listed chemical; it simply requires that the seller of the product have a “clear and reasonable” warning notice on it.

 

What types of substances are we talking about? 

Hemp infused products often have detectable levels of THC present. California’s Prop 65 requires products containing any detectable level of THC to bear a warning. Therefore, even products that contain less than 0.3% THC (in conformance with federal law), Prop 65 requires a warning for any detectable level of THC. 

 

Another compound on Proposition 65 commmonly found in herbs and supplements is Lead, a naturally occurring element found in small amounts in the earth's crust that has also become more present in our environment from industrial changes. Due to this, Lead may be present in soil and can be absorbed by fruits, nuts and botanicals, even those that are farmed organically. 

 

Why Do Products contain a Proposition 65 Label? 

 

Because of the unique nature of this state-specific law which only applies to California, a Proposition 65 Warning label is included for products shipped to that state.   The Proposition 65 Warning Label serves to inform Californians of their exposures to ingredients that may cause cancer, birth defects or other reproductive harm. For more information, see www.p65warnings.ca.gov

 

Are Products with a Proposition 65 warning unsafe?


When a manufacturer includes a Proposition 65 warning notice on a product it does not mean the product is unsafe.  The threshold exposure limits that the State of California has set for many chemicals on the Proposition 65 lists are far below the “safe” limits set by other regulatory agencies, such as the U.S. Food and Drug Administration, the U.S. Environmental Protection Agency, and the World Health Organization.

 

How Can I Learn More about Proposition 65?

 

For information on Prop 65 from the American Herbal Products Association's go to https://www.ahpa.org/Consumers/CaliforniaProposition65FAQ.aspx

 

For information about the chemicals listed under PROP 65 go to http://www.oehha.ca.gov/prop65.h