, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was a ballot initiative voted into state law nearly 40 years ago. It was created after dangerous pollutants were discovered in California's water supply. The California Office of Environmental Health Hazard Assessment (OEHHA) says Prop 65 “requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm.”
Back when it first became state law, Prop 65 brought about big changes in the industry, beneficial changes that pushed companies to make cleaner products. In the first decade of its legislation, a Prop 65 lawsuit pushed eight major faucet brands to significantly
reduce the amount of lead in their tap water supply
. Like a chain reaction, the law led companies and businesses to reformulate products like baby powder, hair dye, and water filters
. (2)
Prop 65 Today
It now goes beyond the basics. Anyone or any business that sells any product that contains traces of chemicals listed under this proposition needs to add a warning. The “Safe Harbor” levels under Prop 65 can be up to 1,000 times lower than those required by the FDA or EPA, which is why you see Prop 65 labels so often. This means that Prop 65 sets very low thresholds for warnings. For birth defects, warnings are required at 1/1000th of the level at which a certain chemical is shown to cause birth defects. With a carcinogen such as lead, the California's State Maximum Level ≥0.5 μg (micrograms/L) of
lead per day, which is below the amount of lead in the average serving size of balsamic vinegar. (1)
What Kind of Chemicals Fall Under Proposition 65?
In 1988, when the warning requirements went into effect, the list included 235 chemicals. Now, there are over 900 chemicals that require a Prop 65 warning, and California updates this list annually. The list includes highly toxic substances and also naturally occurring elements like lead, mercury, and arsenic, as well as common substances like aspirin, alcohol, and cannabis smoke.
Are Products with a Prop 65 Warning Safe?
There is no clear yes or no answer for this question. You might feel overwhelmed by how you can be exposed to these chemicals. However, a Prop 65 notice doesn’t mean you’re in constant danger. Think of it as a courtesy label. National organizations like the FDA and EPA already protect you against harmful chemicals. Prop 65 simply goes further to notify you of potential exposures.
Even fruits and vegetables can have Prop 65 labels because natural chemicals like lead and cadmium are sometimes present in the soil and water used to grow them. Fish and seaweed also require Prop 65 warnings due to the presence of mercury and arsenic in seawater.
Therefore, not all products with a Prop 65 warning are inherently dangerous. To understand if a specific product or service is safe, look at which chemicals are involved and research their effects.
Why Do I See Prop 65 Labels on My Supplements?
You might see a Prop 65 label on supplements because they may contain trace amounts of lead. This may sound alarming, but this is the case for most ingredients that are grown in soil. Ingredients like turmeric, which is grown in soil that can naturally contain lead, might require a Prop 65 warning.
Remember, supplements, like food and beverages, are regulated by the FDA and must meet its health standards to be approved.
Should I Worry About Prop 65?
No, you should not worry about seeing a Prop 65 warning on a supplement. Prop 65 labels provide transparency for Californians and anyone who purchases a product manufactured in the state. They shouldn't worry or concern you, as the "Safe Harbor" standard is often significantly lower than FDA and EPA standards. Unfortunately, these labels don’t specify the chemical or exposure levels, so you'll never know how much of a chemical is in the product (and it's often not much). In the end, Prop 65 is tacked onto so many everyday products and even places– so use your best judgment.
References:
Ndung'u, K., Hibdon, S., Véron, A., & Flegal, A. R. (2011). Lead isotopes reveal different sources of lead in balsamic and other vinegars. The Science of the total environment, 409(14), 2754–2760.
Waters M. (2019, October 31). Prop 65 was meant to protect residents from toxic water. How did warning stickers end up on everything?
