Supplements exempt from Prop 65 rules in California

Companies selling dietary supplements containing lead have convinced a California Superior Court judge that chemicals  occurring naturally in foods do not count as chemical exposure for consumers and are exempt from Proposition 65’s warning label requirements. Under the ruling, the definition of food in California has been broadened to include supplements. Natural Products Insider reports:

California Prop 65 Ruling Victory for Dietary Supplements

A California trial court has recognized the right of dietary supplement companies to assert a defense to the warning requirement under The Safe Drinking Water and Toxic Enforcement Act of 1986. In a recent decision, judge John E. Munter of the San Francisco Superior Court ruled dietary supplements are “foods” under the California state law commonly known as Proposition 65. The ruling is important for the dietary supplement industry because chemicals that are “naturally occurring in food” are exempt from Prop 65’s warning requirement. The 27-year-old law requires disclosures if consumer goods, foods and dietary supplements contain carcinogens or reproductive toxicants that exceed specified limits…

Supplement companies have faced a number of Prop 65 lawsuits in recent years often at the direction of the Environmental Research Center. In lawsuits brought against Nature’s Bounty, Inc., Nature’s Products, Inc., Whole Foods Market California, Inc. and several other companies, plaintiff Stephen Gillett claims the defendants have failed to provide proper warnings, exposing consumers to lead. Defendants have asserted any exposures to lead from their products fall within the naturally occurring exemption….

4 responses to “Supplements exempt from Prop 65 rules in California

  1. Man-made lead: bad. Natural lead: good.

    • Gene, it’s just that anything that is organic and all-natural is safe and healthy. Unless you like it and then it’s bad. If people liked the taste of lead, and it was safe, then it would be bad.

      • Geoff, you cracked me up real good. I’m still catching my breath. Which I know is also bad. We are supposed to be very serious, discussing such important things.

        My mom has always been wary of people having fun “without a reason”. Life is not a happy thing, you know. If you’re happy, something is wrong with you.

        • In another life, I used to help my patients do their breathing exercises by making them laugh. The post-op ones had mixed feelings about that.

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