Proposition 65 Compliance
Do you operate a company with 10 or more personnel?
Do you sell or plan to ship the products Health Genesis Corporation (“HGC”) produces for your business to consumers in the state of California? (Please note that this includes sales from online retailers like Amazon.)
If your response is yes, then please take note of the following.
If your company has 10 or more personnel and you are selling to consumers in the state of California, you are required by law to display certain warnings on your products (where applicable).
California’s Prop 65 warning format, effective since September 1, 2018, describes the chemicals in the product and the potential harm they may cause. A generic “risk of cancer, birth defects, or reproductive harm” is no longer sufficient under the current law.
If your company meets the above criteria, we can help you format the warnings to your product.
“Prop 65” warnings are required exclusively under California law. They only need to be displayed on products sold to consumers in the state of California. HGC is confident the naturally-occurring chemicals in its supplements are safe and believes they should be exempt from this requirement; however, providing such warnings is the only way to comply with Prop 65. These standards are some of the most stringent in the nation, far exceeding federal or international standards.
What products require warnings?
California Prop 65 encompasses more than 800 substances. Any product that may contain these substances requires a Prop 65 warning. The list of substances includes pesticides, heavy metals, and even certain levels of vitamin A. Chemicals such as lead are prevalent in the environment, including naturally in the air, soil, and water. As such, some of these chemicals are common in the food supply, although they are not deliberately added to foods, beverages, or dietary supplements.
Should I be worried?
It is important to pay attention to all product warnings. However, a Prop 65 warning does not mean that a product is unsafe—nor does it mean the product will cause health issues when it is used as recommended. It’s important to note that a chemical listed under Prop 65 could be linked to animal studies, as Prop 65 standards are among the most stringent in the country. The warning level for reproductive toxins, for instance, is 1,000 times lower than the lowest level at which animal studies indicated no negative health effects.
Also of note is that in most cases, California product label warning requirements differ from federal safety requirements. This causes certain discrepancies between the labels of products sold in California and those required in other U.S. states. For example, you may see a Prop 65 warning label on a product sold in California and no warning on the same product sold elsewhere. These products are not different in any way; the reason for this is that Prop 65 warnings are required exclusively in sales to customers in California.
Who decided on these warnings?
The state of California adds substances to the Prop 65 list via a formal process. Substances may be listed in a number of ways—for instance, in response to reports based on animal studies. Often, animal studies feature high dosages of chemicals or other substances.
What substances are involved in Prop 65?
A significant amount of dietary supplements feature substances that require a warning under California law. Even a certain level of vitamin A requires a Prop 65 warning. In addition, naturally-occurring lead and mercury require warnings above a certain level—even if they aren’t added deliberately to the product in question.
How do California Prop 65 warnings compare to federal warnings?
A number of substances require a Prop 65 warning at a much lower level than federal action limits. For example, the California Prop 65 warning standard for lead is 0.5 micrograms per day. This is significantly lower than the Environmental Protection Agency’s (EPA) limit of 15 micrograms per liter. Approximately a quarter-cup of the water deemed safe by the EPA on a federal level would bring you over the safe daily limit of lead consumption according to Prop 65 in California.
For more information on Prop 65