Prop 65

If you’ve encountered a Prop 65 warning label, you might be asking yourself if an ORGANIC INDIA product you purchased is safe.

The short answer is yes. While we’d love to keep it short and sweet, it’s also important to empower you with information to make informed decisions.

Prop 65, also known as “California’s Safe Drinking Water and Toxic Enforcement Act of 1986,” requires cancer or reproductive warnings on products that may lead to exposure to compounds, even at levels 1,000-times less than the level at which no measurable effect can be scientifically detected, for example as in the case of lead.

How would lead get into an organic herbal supplement? Lead is a naturally occurring element found in soil, which plants naturally uptake along with minerals and other nutrients. We do not add lead to any of our products, nor is it a byproduct of the production process. Currently there is no known process to remove lead from plant material. Therefore, lead may be detected not only in herbs, but also in foods like avocados, apples and lettuce. The miniscule levels of concentration do not outweigh the nutritional benefits of the other compounds in these healthy fruits and vegetables.

No surprise that these Prop 65 labeling requirements have caused confusion and concern. They could potentially do more harm than good by desensitizing the public to label warnings, thereby failing to accurately warn consumers about substantiated risk. The law requires warning labels for substances at levels that are a fraction of those set by the American Herbal Products Association. Products with warning labels do not have to represent actual risk, but must still carry the warning by law.

Who benefits from Prop 65?

Typically, those who typically benefit from such laws are lawyers who attack small businesses that are otherwise in full compliance with existing regulatory and safety standards. Because smaller businesses often don’t have the resources to fight expensive lawsuits, they typically settle out of court and thus become a target for litigious opportunists.

In the last two years, businesses have paid settlements of over $17.8 million, in addition to $14.3 million in attorney’s fees. Unfortunately, it is typically small businesses who bear the burden of such laws. Ultimately it is the consumer pays the real price in misinformation and increased product prices.

If you would like to further educate yourself on Proposition 65 and its implications, please visit any of the links below.

AHPA: Prop 65 FAQ’s
Are Animal Models Predictive for Humans?
WebMD: Don’t Ditch the Coffee Over Cancer Risk News
Coffee and Cancer – What the Research Really Shows
No Significant Risk v Maximum Allowable Levels