Prop 65 is a California (CA) regulation that requires warnings for any products that contain one of the 800 chemicals listed in the proposition. This law pertains to the heavy metals that are found in the soil, water and occur in nature. Everything that is grown from the earth will not meet the standards of Prop 65, including a handful of spinach. However, only dietary supplements require this label rather than any food products. At Fermented Essentials, we do not add any chemicals or heavy metals to our product. We pride ourselves on the highest quality and never compromise our products under any circumstances. Please have peace of mind that the efficacy of our products is, and always will, remain our number one priority.
Frequently Asked Questions
1. What is Proposition 65 (Prop 65)?
Prop 65 is what is known as a “right to know” statute. The California voters enacted Prop 65 in 1986 as the Safe Drinking Water and Toxic Enforcement Act. Prop 65 requires companies to provide “clear and reasonable” warnings to consumers if their products contain a chemical determined by the State of California to cause cancer or reproductive toxicity. Prop 65 was enacted in response to consumer concern about the introduction of chemicals into the environment, including drinking water. The law governs extremely low levels of chemicals and is among one of the most stringent reporting laws in the country. The presence of these low levels of chemicals necessitates warnings only. Prop 65 does not ban the sale or use of any product for health or safety reasons. Over 800 chemicals are currently listed under Prop 65, many of which may be naturally present in the environment.
2. What is the Prop 65 warning label encompass?
The State of California has identified the following Prop 65 warning as clear and reasonable for consumer products: “WARNING: This product contains chemicals known to the State of California to cause cancer, birth defects or other reproductive harm.”
3. What products require the Prop 65 warnings?
The law governs warnings for consumer products distributed or sold in California to consumers. Naturally occurring levels of chemicals in foods do not require warnings. Furthermore, warnings are only required for amounts that exceed daily exposure thresholds based on average consumption. In addition to consumer products, the law covers warnings for environmental and workplace exposures to listed chemicals.
4. What chemicals are subject to the Prop 65 standards?
Prop 65 requires the State of California to maintain a list of chemicals that it identifies as carcinogens or reproductive toxicants. This list is routinely updated to add or delete chemicals. The current list contains over 800 chemicals and can be found at oehha.org/prop65.html.
5. Where do the chemicals that Prop 65 labels warn about come from?
Many commonly used ingredients, including cocoa, calcium, and magnesium can contain naturally occurring levels of Prop 65-listed chemicals. For example, lead and other heavy metals, which are widely distributed in soil, water, air, and rocks, can be naturally — and commonly –present in foods and food ingredients. Fermented Essentials does not intentionally add any lead or heavy metals as ingredients to any of its products.
6. At what levels do the labels need to alert the public?
A company that sells a product in the State of California does not need to provide a warning for any exposures if it can show that the exposures do not exceed regulatory threshold limits, which are very stringent. For carcinogens, this is the “No Significant Risk Level,” which is the level of exposure that would result in no more than one case of cancer in 100,000 individuals exposed to the chemical every day for 70 years. For reproductive toxicants, it is the “Maximum Allowable Daily Level,” which is level at which no reproductive toxicity effects are observed in laboratory animals, divided by an extremely conservative 1000-fold safety factor.
7. Is Fermented Essentials in compliance with federal safety standards?
The warning thresholds identified by Prop 65 are often significantly lower than safety levels identified by the Federal government. The Fermented Essential products are in full compliance with all federal guidelines for product safety including those manufacturing and safety guidelines established by the Food and Drug Administration (FDA).
8. Where can I get more information about Prop 65?
For more information on Prop 65, please see the Prop 65 website maintained by the State of California at oehh.ca.gov/prop65.html or by calling (916) 445-6900.
9. Fermented Essentials statement.
Fermented Essentials does not intentionally add lead to its products, an element that can be found commonly or naturally in soil, water, and ingredients such as chocolate, calcium, and other dairy products. Fermented Essentials stands behind the safety of its products, which meet all applicable U.S. federal safety standards and are manufactured according to current US Good Manufacturing Practices. While Fermented Essentials supports Proposition 65, it is important to note that Proposition 65 is a “right to know” statute that requires companies to provide warnings and that inclusion of a warning does not automatically mean that the product is unsafe.
Despite not being explicitly told to do so, Fermented Essentials voluntarily elected to provide Proposition 65 warnings to California customers. Given this decision, and our belief in the safety of our products, we do not believe that Proposition 65 requires us to make any changes to our product formulas. Fermented Essentials has always prided itself on providing the highest quality no compromise products. Rest assured the safety and efficacy of our products is and will always remain our number one priority.
California Proposition 65 has some of the most stringent warning standards in the world. There are over 800 chemicals currently listed under Proposition 65. For certain chemicals that are listed as reproductive toxicants, such as lead, California Proposition 65 warnings are required at extremely low levels that incorporate a 1,000-fold safety factor. In essence, those chemicals, California sets a warning trigger level that is 1,000 times lower than the level of exposure that has been shown to have no observable effect on humans or animals.