Prop 65 Warning: What is it and why does it matter?

Since partnering with a brand that sells supplements, one of the most common questions I get is, what makes it different? My choice to recommend Shaklee was based on two aspects: firstly, they not only have over 140 clinical studies on efficacy and absorption, but they also test for heavy metals and over 350 other potential contaminants – allowing them to be one of very few supplement companies to not need Prop 65 Warning label on their products. Which is when I discovered that many people have no idea what that is and no idea that the health product they’re spending their hard earned money on has a health hazard warning on it. So let’s talk about it this Prop 65 warning: what is it and why does it matter?

What is Proposition 65?

Many of the top-selling powders and drinks may contain concerning levels of pesticides, BPA, heavy metals such as arsenic, cadmium, mercury, and lead. The Clean Label Project tested, and nearly ALL contained detectable levels of at least one heavy mental and 55% tested positive for BPA.

Prop 65 became law in November 1986, when California voters approved it by a 63-37 percent margin. The official name of Proposition 65 is the Safe Drinking Water and Toxic Enforcement Act of 1986.

Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. By requiring that this information be provided, Proposition 65 enables Californians to make informed decisions about their exposures to these chemicals. (1)

Proposition 65 requires California to publish a list of chemicals known to cause harm to humans (2). Notice this is not a “may” cause harm list. There have to be substantial scientific evidence to support this identification and label. Sadly, that list (which is updated annually) has grown to include approximately 900 chemicals since it was first published in 1987.

Proposition 65 also prohibits California businesses from knowingly discharging significant amounts of listed chemicals into sources of drinking water. And while that would only apply in California, most brands and companies don’t manufacture products specifically only for resale in California (the world’s 5th biggest economy), but rather they manufacture for distribution in the US. So regardless of what state you’re in, you will see these labels if the product is nationally distributed.

What types of chemicals are on the Proposition 65 list?

The list contains a wide range of naturally occurring (think asbestos) and synthetic chemicals (think BPA) in pesticides, common household products, food, drugs, dyes, or solvents. They may be byproducts of chemical processes, such as motor vehicle exhaust. You can see the full list here.

What does the health hazard warning mean?

Honestly the hardest part of my job is finding the line between education to empower with facts vs. upholding fear-based rhetoric rooted in toxic wellness culture of healthism and diet culture. Which is where science and safety become the basis for all the work that I do.

If a warning is placed on a product label (or posted in a building), the business issuing the warning is aware it is exposing individuals to one or more listed chemicals. By law, a warning must be given for listed chemicals unless the exposure is low enough to pose no significant risk of cancer or is significantly below levels observed to cause birth defects or other reproductive harm. (1)

Source: https://www.perfectsupplements.com/prop-65-faqs

Here is an example: Prop 65 is not asking for pure perfection but rather setting limits based on their scientific findings of acceptable levels. The FDA hasn’t set limits on our exposure of arsenic, mercury, or cadmium, all of which are known health hazards.

And you can see lead is significantly reduced, but the threshold isn’t zero. Your body can detox, if the load isn’t overburdening your system. That’s the goal.

For example, as it relates to supplements, there is a natural occurring amount of heavy metals in all the foods we consume because they are grown in soil where those contaminants live. When you start concentrating something like protein or collagen, but not using methods that remove those contaminants, that’s when we see higher levels of concern. NOT ALL products have or require the health warning (I offer 3 recommended brands below).

Why is the FDA level and Prop 65 warning level different?

What really frustrates me is when brands want you to think the warning “means nothing”. In fact, a quick google search of “Prop 65 protein” shows all the top results are specific brands explaining why you should not be concerned despite the warning telling you to be on their products. Kind of feels like cigarettes in the 80s… They will tell you that there are “trace” amounts of metals “naturally occurring” in their product. This is not true, the standard measurements for each item is defined based on on scientific research identifying the risk levels of each. Also, trace is a deceptive term when micrograms are the level of which even the U.S. Food and Drug Administration’s (FDA) is stating it would be harmful.

It is true that Prop 65 guidelines are more rigorous than the Environmental Protection Agency’s (EPA) and the FDA guidelines for chemical exposure. The FDA isn’t looking at cumulative exposure. And, they’ve recently admitted that they’ve knowingly been wrong on some of these previously declared “safe levels”. For example, I wrote about changed PFAS standards here where the government admitted that reducing standard level allowance will save thousands of lives.

While dirt in your yard has minerals, it’s not necessarily a risk to your health. Consuming heavy metals, arsenic, etc in supplements, absorbing via skincare, and breathing via sprays you use DO add up in your body’s toxic load to measurable health concerns. And that’s where Prop 65 is aiming to show you as a consumer the things that could do harm.

Example: Lead

For example, the EPA’s limit for lead in drinking water is 15 mcg/L, while the Prop 65 threshold for any product containing lead is 0.5 mcg. The FDA’s limit for daily lead exposure, also known as the Interim Reference Level, is 12.5 mcg per day. (4) And yet, on the CDC’s own website they state that there is “No safe blood lead level threshold for children has been identified.”

Prop 65 is taking into account your daily exposure across a lot of things. If you’ve heard of the Flint, Michigan water crisis, that was from manufacture dumping in the water source which increased lead. But you don’t have to have a “malfunction” for there to be a toxic load on your body that is avoidable (remember, we’re talking about products companies are intentionally selling. Lead isn’t just in your water. It’s in gas fumes, the paint in your home, personal care products, the food you eat (chocolate!), the containers food arrives or is stored in, and on and on.

I’ve even talked about being able to make informed decisions about higher levels of lead or other contaminants in chocolate. I want to be informed so that I can make sure I’m considering that on my overall toxic load, taking probiotics (more on that explained here), and choosing brands that minimize my risk.

Example: Hexavalent Chromium

Another example Hexavalent Chromium (HC), which you probably remember from Erin Brockovich. In my affluent county’s water, according to this source, levels of a KNOWN carcinogen exceed safety guidelines 415.9% more that they literally did a movie about in our public drinking water. And yet, there are no legal on HC!

The EPA does give a guideline for maximum contaminant level of 100 ppb. Looking at a different source, that % is underestimated – 5.2x is 520% over the acceptable guideline defined by EWG. EWG bases this level from California’s science-based research. (3)

For me as a mother I think about what I want for my children: as little toxic exposure as possible. So while occasional exposures of a higher amount is something our bodies are designed to process and detoxify – more modern increases from industrial run off is not something I want to exposed to regularly. HC rarely is found in nature, most of what we find in our water comes from the approximately 150,000 tons of hexavalent chromium were produced in 1985. (6)

I talk more about toxic exposure in your water here.

Deciding Your Exposure

These are just a couple examples of how the Federal government level and the CA Prop 65 level vary. There are endless examples!

All of this to say, it is the informed choice of knowing your cumulative exposure that Prop 65 aims to allow. You can make whatever choice you want for your body. And, knowing how much total exposure you’re getting is important. While the body is amazing at our own natural detoxification, when it is overburdened with too many toxins it is not able to remove them.

Knowing I already have so much exposure to toxins through my food and water, air, paint in my home, and so much more – I do not want to add any additional toxic load to my body. If I’m paying for a health-promoting product, I do not want a health hazard warning on it.

The short of it: if a Prop 65 warning is on a product, the brand a) knows there are health harming levels of hazardous chemicals in it, and b) made a choice to not resolve that.

Who administers and enforces Proposition 65?

The Office of Environmental Health Hazard Assessment (OEHHA) administers the Proposition 65 program. OEHHA determines in many cases whether chemicals meet the scientific and legal requirements for placement on the Proposition 65 list, and administers regulations that govern warnings and other aspects of Proposition 65.

The California Attorney General’s Office enforces Proposition 65. Any district attorney or city attorney (for cities whose population exceeds 750,000) may also enforce Proposition 65. In addition, any individual acting in the public interest may enforce Proposition 65 by filing a lawsuit against a business alleged to be in violation of this law. Lawsuits have been filed by the Attorney General’s Office, district attorneys, consumer advocacy groups, and private citizens and law firms.

Violation Reports

You can see a list of judgements filed by the AG in litigation concerning Proposition 65 here (7), a couple that concerned me:

In fact, I shared this reel 2 1/2 years ago. This has been a topic I’ve been learning and sharing about for 5+ years.

Popular health brand Redmond Salt also was shown to have contaminants. I still stand by the recommendation I gave years ago, because Ava Jane’s Kitchen Colmina Salt not only tests to ensure no toxins or microplastics, it genuinely is the best tasting salt I’ve ever had!

When I see a brand justifying their Prop 65 warning as “transparency”, and “committed to selling products that are safe” telling you that “it’s fine, don’t worry” that is their way of saying “we know there are known risks and are selling it to you anyway” <red flag>

They’re looking at their individual product, which hopefully is under the FDA regulation level (but we’ve seen from the above that’s rarely the case). Prop 65 takes into account multiple exposures. The FDA limit is the one that is “maximum safe”. So if something is under Prop 65 it is FAR away from max limits even multiple exposures.

BUT even those that don’t have a warning, often should. Consumer watch dog groups now perform testing and then take companies to court if they sold contaminated products without a warning. It’s created a litigation-heavy approach (which is less than ideal), but it has caused consumers to become more informed and educated. If only brands weren’t trying to pass off the warnings like they don’t matter.

So I’ll ask again, why would I want to spend my money on products that are supposed to help my health but that have a health warning on them?!

Actual Examples

Prop 65 warnings belong on your paint buckets and NOT on your makeup or supplements. We’ve talked about what could be, but let’s look at some real life examples of terrifying findings.

This article is a fantastic source to understand more specifics around contamination in supplements:

More than two-thirds of Americans take dietary supplements. The vast majority of consumers – 84% – are confident the products are safe and effective. They should not be so trusting. Consumers take real risks if they use diet supplements not independently verified by reputable outside labs. (8)

The author published a paper on Dietary Supplements Post Real Dangers (9) and referenced lack of FDA oversight with many known contaminations:

  • heavy metals: lead, arsenic, cadmium, mercury, and aluminum,
    example: In June 2019, the FDA seized 300,000 dietary supplements because their pills contained excessive lead levels
  • bacterial contamination, toxic fungi, and salmonella,
    example: fungal contamination has been linked to serious liver, intestinal and appendix damage
  • concealed and undisclosed drugs
    example, FenPhen – these experimental drugs are often found in weight-loss, sexual-dysfunction, and muscle-building products
  • undisclosed substituted ingredients
    example: in 2000, 100+ patients developed severe kidney damage or bladder cancer from a now banned herb
  • incorrect label
    example: nearly half of CBD products contain less than the promised amount and some have enough THC to classify as marijuana possession

And while we’re talking about Proposition 65 which addresses supplements in the US, this is not just a US problem. Canada recently just pulled numerous brands of products containing ‘metal fibres’ in supplements (10). “The affected products may contain metal fibres which, if ingested, may cause injury to the digestive system.” If Factors Group of Nutritional Companies Inc. had performed safety testing before releasing these 25 products (name brands such as Equate and Kirkland) it would have been able to prevent serious health risks.

Continuing Education

In the last year, I’ve done multiple podcasts on this where you can learn more – The Whole View, Season 3:

Which is why it was a really big deal for me to vet brands to partner with. I did a lot of research. All of the companies that other Beautycounter consultants went to brands that had things that concerned me. Which is why I went in search of something else. I found science, safety, and testing at Shaklee. Their testing standards are really industry leading, the way Beautycounter was but in a broader scale in products they offer (supplements, skincare, and green home cleaning).

Stacy’s Choices:

There are only a couple of brands that I have officially recommended after extensive research.

  1. Paleovalley
  2. Puori
  3. Shaklee

These are not the only brands that are doing the right thing, but they’re the ones I’ve actually vetted personally. I also have in some way chosen to partner with them, either through an affiliate link, podcast ad, or brand partnership. This is BECAUSE I personally use and approved them. I would not partner or recommend a brand not doing the right thing. In fact I have turned down countless offers with brands who could not validate my simple criteria: 1) Proof the products works, 2) Proof it is safe.

In sharing what I love from each company, you’ll note I include collagen in all 3. That’s because each have a unique collagen. And this is a supplement I’ve been using and researching for over a decade. The biggest thing about each is that they do not use harsh chemical solvents for extraction (hexane, for example) and are tested for contamination. This is important because when coming a concentrated part of the ligament and bones of an animal, if it was repeatedly exposed to heavy metals that would be then be concentrated in your product (see VP reel above).

Paleovalley

I’ve worked hard to walk us away from diet culture, so know that if I partner with a brand with the word Paleo in it, it must be legit. I personally use and love them despite the name because they are the best quality. In fact, years ago two of my favorite products at the time were out of stock for nearly a year because the batch of product tested had high levels of contaminants. I can’t imagine the financial impact that had for them to both lose income and the cost of product they couldn’t sell – but they had a customer forever with me know once I learned how dedicated they were to the quality of their end products.

What do I use and love?

THE FIRST FREEZE-DRIED BLEND OF GRASS FED ORGANS is the supplement I have been taking for the longest time – and even partnering with another supplement company, this is not going anywhere. There is nothing else like it on the market. And I am NOT going to be pretending that eating organ meats can be tasty anymore *SMH* Paleovalley Grass Fed Organ Complex was made to get the full spectrum of traditional superfoods, loaded with nutrients, into your body faster, easier, and without having to tolerate the taste (or cooking for that matter). It contains not one but three organs from healthy, grass fed, pasture-raised cows so you are getting a more diverse array of nutrients. The fragile nutrients and enzymes found in organ meats are gently freeze-dried to preserve the nutrients.

THE FIRST 100% GRASS FED BONE BROTH PROTEIN is a way to get collagen into your diet without having to simmer bones for 48 hours. Their bone broth protein is different from hydrolyzed collagen. It is crafted from beef bones using no chemicals or solvents, just old fashioned bone broth that is then gently powdered.

THE FIRST ORGANIC SUPERFOOD BLEND WITHOUT CEREAL GRASSES is a full spectrum of organic superfoods (so much more than greens) into your body faster, easier, and at a fraction of the cost of buying every superfood individually. And a benefit for those of us who avoid gluten, it contains absolutely no cereal grasses A great addition to your smoothies, baked goods and more!

THE MOST POWERFUL FULL SPECTRUM VITAMIN C FROM ORGANIC SUPERFOODS supports your immune system faster and easier. It contains not one but three of the most concentrated natural sources of vitamin C: amla berry, camu camu berry, and unripe acerola cherry. Each nutrient-packed serving delivers 500% of your daily recommended intake of vitamin C – an amount meant to help you thrive, not just survive. Most other vitamin C supplements only contain one fraction of the vitamin – ascorbic acid. This full spectrum C contains the entire spectrum of organic superfoods.

THE FIRST NATURALLY FERMENTED 100% GRASS FED BEEF STICK are the only beef sticks in the USA made from 100% grass fed/grass finished beef and organic spices that are naturally fermented. I am always looking for more ways to get in protein, especially on the go, and these are one our family’s favorite (and trust, the kids don’t care about health benefits – they’re going off of flavor, lol). Checkout the Maple Bacon Pasture Raised Pork Sticks*, Teriyaki Chicken, or any of the Beef Sticks. And, the Cranberry Turkey is a favorite when it’s in season!

*fun fact: pastured raised pork is one of the highest dietary sources of Vitamin D

My wishlist to try next:

  • new Decaf Polyphenol-dense Organic Coffee
  • Tropical and Strawberry Lemonade Greens Powder
  • Chocolate and Vanilla flavored Bone Broth Powder
  • Polyphenol-dense Organic Extra Virgin Olive Oil

Try PaleoValley yourself at paleovalley.com/wholeview and use code WHOLEVIEW for 15% off

Puori

After getting my genetic testing results, I realized I needed to increase my Omega 3 and Magnesium. I was taking supplements for both, but they weren’t effective. So I went about researching a high quality brand that met my rigorous standards for testing and transparency, and found Puori.

Puori uses third-party laboratory testing for 200+ different types of pesticides, heavy metals and other unwanted substances. And, verifies that the products contain the amount of active ingredients indicated on the label, which is also certified by the Clean Label Project.

What do I use and love?

O3 – ULTRA PURE FISH OIL CAPSULES – Truth be told: I have NEVER taken a fish oil supplement that didn’t give me burps… until Puori. Even when I was taking a different brand that used algae instead of fish oil, the mint flavored oil still bubbled back up. I took Puori Omega 3 fish oil for over a year and NEVER HAD A FISH OIL BURP. That tells me something is different. I know I’m getting a fresh, pure and potent source of Omega-3 to support my heart, brain and eyes. And bonus, Puori is committed to the planet by using sustainably caught fish.

C+ CREATINE+ PERFORMANCE SUPPORT has become super popular among fitness folk, especially the younger crowd. If your teen or twenty-something is going to be building muscle, this is an option that ensures safety. Puori Creatine+ combines creatine and taurine to make an unflavored powder that mixes and dissolves easily in any cold drink.

CP2 ACTIVE – WHEY & COLLAGEN uses Puori’s incredibly tasty vanilla grass-fed whey and hydrolyzed collagen combined to deliver all 9 essential amino acids. This will help improve your protein intake for muscle building and recovery with a boost to hair, skin and nails. It contains 29g of protein per 4 scoop serving (2/3 parts whey protein, 1/3 part collagen peptides).

P3 – HEALTH ESSENTIALS SACHETS (O3, M3, D3) is a pre-packed daily use pack of Omega 3, Magnesium, and Vitamin D. I used this before I switched to a more customized sachet and cannot recommend the convenience of these enough. As someone who feels like opening 3 canisters and portioning out pills is an “obstacle” to taking supplements effectively daily, this made it so much easier. And, most adults are deficient in Magnesium and Vitamin D (you can use an at-home test or get bloodwork done with your doctor).

Go to puori.com/wholeview and use code WHOLEVIEW for 20% off
which even applies to already discounted subscriptions… you’ll get almost a third off the price!

Shaklee’s Standards

Originally I partnered with Shaklee for their EWG Verified skincare, but the more I’ve learned about their supplements the more I am using. They have over 140 clinical studies to show both efficacy and absorption as well as extensive safety testing. I love that you can take a personalized assessment that includes bloodwork and 23andMe results to get exactly the things that will benefit you.

Their standards exceed US Pharmacopeia 3x, FDA, California Prop. 65, Health Canada, China FDA, Taiwan FDA, Japan Ministry of Health, Singapore Food Agency and Health Sciences Authority, and Malaysia National Pharmaceutical Regulatory Agency requirements. They are an industry leader in this space much like Beautycounter was for personal care. They’ve been safe and proven (the two simple things I look for) since Dr. Shaklee invented multivitamins in 1956.

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Their testing has 3 phases:

  1. Raw Material Testing (microbes, purity, and potency)
  2. Finished Good Testing (microbial, chemical, and physical)
  3. Stability Testing (evaluate potency and quality over time)

They pack the product as if it were being shipped out. Then cut the box open for the protect and retest, just to make sure the entire process is clean of harmful toxins or contaminants.

Their quality assurance process includes analysis of raw materials to ensure the absence of potentially harmful microbes and bacteria, pesticides and herbicides, and heavy metals such as lead and mercury. And as a California-based company, they comply with the rigorous standards of Proposition 65. Proving what other brands are claiming cannot be done – you can have protein (even chocolate plant-based one) without a “health hazard” warnings on your health product!

All ingredients must be acceptable from the standpoint of the Shaklee philosophy, as well as detailed scrutiny as to their safety. We do not simply accept the Certificate of Analysis that many other companies accept but rather retest for contaminants—including lead and heavy metals, pesticides, and more—to confirm that the Certificate of Analysis is accurate.

A Certificate of Analysis is not as powerful as one might believe – I actually did a podcast on this and how many labs falsify data for companies. It is why Shaklee does “not simply accept the Certificate of Analysis that many other companies accept, but rather retest for contaminants to confirm the Certificate of Analysis is accurate.”

They have the following certifications:

  • kosher certified as Star-K Kosher and Star-D Dairy
  • EWG Verified
  • Climate neutral
  • rBGH/rBST free and antibiotics free dairy
  • grass-fed collagen
  • non-GMO
  • no animal testing
  • BSCG gold certification

The Science:

The thing that really matters to me when taking supplements is if they are actually working. A quick google will show you endless articles on why supplements don’t work. And I think two things can be true: 1) most supplements don’t work and are potentially unsafe (because they’re not testing for efficacy or contamination), and 2) you can find a solution for nutrient deficiencies to improve your health.

I recently saw marked improvement in nutrient sufficiency as well as reduced inflammation in my latest blood work. How can we know if it’s working or not (beyond testing):

  • Shaklee has 30 years of studies
  • One of those studies is incredible: the Landmark study proves not only that supplements work but specifically that Shaklee supplements work better. Done by a 3rd party University of Berkley has shown that individuals taking Shaklee products have better health outcomes. The even followed-up 10 years later with Tufts to find continued benefits. It’s truly remarkable.

Use this link to see my favorites and get 15% off sitewide at Shaklee. Some standouts:

  • VitaLea / Vitalizer / Meology all have Shaklee’s multivitamin VitaLea at the base (available in endless forms). This is the most comprehensive and clinically proven multi on the market.
  • Collagen9, the only hydrolyzed collagen on the market that contains all 9 essential amino acids. Unless you’re consuming collagen with another form of protein with Taurine, your body won’t be able to effectively use it. Shaklee designed 9 to optimize efficacy with Biotin and Vitamin C added as well.
  • Life Shake, the only plant-based protein I digest without discomfort. Not only are their 20g of protein, 6 g of fiber, and 24 essential vitamins and minerals – but Life Shake also includes digestive enzymes as well as prebiotics to help digestion. I love the Orange Cream, not only does it taste fantastic, but it has methylated B vitamins that help me feel incredibly energized. As an MTHFR, it has been incredible to not need to take my Organ Pills when I have a Life Shake.

Regardless of the choices you make, I hope this helps you hold brands accountable to transparency. No one is perfect, and you cannot live a toxic-free life. But we can make informed decisions about the toxic load we put on our own bodies.

References

    1. About Proposition 65, OEHHA.CA.Gov
    2. Case Studies in Environmental Medicine, Agency for Toxic Substances Dietary Registry ATSDR CDC.GOV
    3. Proposition 65 Warnings Website, P65Warnings.CA.Gov
    4. Proposition 65 No Significant Risk Levels and Maximum Allowable Dose Levels, OEHHA CA.gov
    5. Hexavalent Chromium Compounds, Cancer.gov
    6. Chromium Compounds, Ullmann’s Encyclopedia of Industrial Chemistry. ISBN 3527306730.
    7. Proposition 65 AG Annual Reports of Settlements, OAG.CA.Gov
    8. Analysis: Some natural supplements can be dangerously contaminated, PBS.org
    9. Dietary Supplements Pose Real Dangers to Patients, Sage Journals ID
    10. Various multivitamins and supplements distributed across Canada are being recalled because they may contain metal fibres, Canada.ca
    11. Arsenic, Lead Found in Popular Protein Supplements, Consumer Reports
    12. Health risks of protein drinks, Consumer Reports

 

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