CALIFORNIA CUSTOMERS: PROP 65
Proposition 65 is a unique California law that requires businesses to include a warning on any products that contain quantifiable amounts of over eight-hundred possible chemicals, many of which are naturally occurring.
At Lydia’s Organics, every ingredient that can be organic, is organic. Some of our all natural ingredients may contain ultra-low levels of naturally occurring elements and compounds that the California Office of Environmental Health Hazard Assessment has deemed to be toxic to humans in these low concentrations. These substances are found throughout the world in soil, including 100% organic gardens. Our products are well below FDA’s current tolerable intake levels (and many times less than the amount shown to cause harm in adults). California’s Proposition 65 has set the acceptable parts per million of these substances below Canada’s and even the European Union’s tight regulations; making it one of the most strict thresholds of any governing body on the planet. In fact, California’s reproductive toxicity limit is 20 times lower than that of the World Health Organization.
Exposure Limits
Proposition 65’s reproductive toxicity limit (where “no significant risk” has been determined) for lead is .5 mg or ppm per day. On the California government’s Prop 65 website, the “no significant risk level” is defined as the level of exposure by that of which, even if multiplied by 1000, will not produce birth defects or other reproductive harm. This is 1,000 times lower than the lowest level at which studies showed no reproductive health effect. Because this exposure level is so low, many fruits and vegetables, such as yams, turnips, apples, cucumbers, green beans, lettuce and many others, exceed Prop 65 limits because of the naturally occurring levels of lead atoms found in the tissues of these plants. All soils generally have some ratio of substances from the full spectrum of the periodic table of elements in one form or another. It is logical that soil will naturally have some particles of lead, mercury, cadmium, and so forth in varying degrees. These elements are absorbed by the plant and becomes part of it’s tissue structure.
Why do I have a Prop 65 warning on my Lydia’s Organics product?
Proposition 65 is a unique California law that requires businesses to include a warning on any products that may contain quantifiable amounts of over eight-hundred possible chemicals, many of which are naturally occurring. We assure you that our products are safe and that all of our ingredient vendors thoroughly test to comply with federal and industry standards for safety. Because of the unique nature of this state-specific law which only applies to California, we are obliged to place a Prop 65 warning on all products which are shipped to California or to retailers who sell our products in California. This warning is the same one that is found throughout hotels, gas stations, airports, golf courses, public parks, and other public buildings found throughout the state.
This law has been proven by numerous industries as impossible to comply with, and for this reason we have opted to place a warning on every product we ship to or are sold in California. Please be assured that all of the products offered by Lydia’s Organics easily fall within federally mandated safety levels for any toxic chemical, compound, or element and we have food safety controls in place to ensure the safety of our products.
At Lydia’s Organics, we are dedicated to bringing you only the finest all-natural, organic, gluten-free, and vegan products. We stringently analyze vendor supplied product specification sheets for contaminates and our dedication to organic and wild- harvested ingredients speaks volumes about our desire to provide you and your family with only the best.
What is California Proposition 65?
Proposition 65 was passed in 1986 with the intention of increasing accountability and preventing people and companies from dumping toxic material in California waters. It is known as “The Safe Drinking Water and Toxic Enforcement Act of 1986,” and it enforces the idea that people have the right to know about the presence of dangerous chemicals in their food and water. On this basic level, it is a well-spirited law which we enthusiastically support. However in practice it is misleading and inconsistent, creating a culture of endless warnings and resource draining lawsuits.
Chemicals recognized by the State of California to contain carcinogens or cause reproductive harm are subject to the requirements of Prop 65 and one of the most cited chemicals is lead, which naturally occurs in soil, water, and the ocean. According to prop 65 the content of lead has particularly stringent regulations, requiring a warning if its presence exceeds 0.5 micrograms in any given product per day. This is nearly 1,000 times lower than the amount known to cause reproductive harm according to the federal government.
How is Prop 65 enforced?
Prop 65 is enforced entirely by way of civil lawsuits brought about by organizations which seek monetary gain in the form of a settlement, and rarely (if ever) is action ever brought by the state’s attorney general.
This form of litigation puts businesses in a defensive position, forcing them to comply out of fear, regardless of the safety of their products. Indeed, Prop 65 warning signs appear all over California, on restaurants, apartment buildings, gas stations, banks, and anywhere else that could theoretically be in violation. Because there is no penalty for over-posting, businesses place warnings as a measure to ensure the safety of their commodities. This results in an ocean of vague and faulty information, hiding shady business practices while vilifying the compliant.
Are there exceptions for chemicals that occur naturally?
If a company can prove that a chemical naturally occurs in its products, it is exempt from Prop 65. As an example, the American daily average for black pepper consumption contains 10 times the “safe harbor” level of safrole, a naturally occurring chemical listed under Prop 65 as a carcinogen. But because it is naturally occurring, companies have not yet been required to warn the public about black pepper.
The presence of lead is a bit more complex. Over the past century, industrial change in the United States and in the developing world has created an increase in the amount of lead distributed across the environment. The use of leaded gasoline and the burning of coal and other fossil fuels have damaged the environment, spreading the pollutant into the atmosphere. In turn, this lead has been redistributed in rainwater, our oceans, and through soil seepage where it is absorbed by plant life.
For this reason, it isn’t possible to claim that the lead content appearing in our products is entirely natural. Even though lead is never added to any of our products, and even though our products are organic, all-natural, and safe, proving that lead only occurs naturally is prohibitively expensive. Prop 65 is written in a way that places the burden of proof on businesses rather than on the government. If a business cannot prove that the chemical content in their products is natural, then they must provide a warning label or face litigation.
What do you do to ensure that your products are safe?
We only use vendors who adhere to strict testing using accredited independent laboratories.
We have Certificates of Analysis for all packaged ingredients that we use in our products. These certificates include details about all of the safety and quality testing that the vendor has performed. Since we promote sustainability and support small-scale agriculture and family farms, we only buy fresh produce from certified organic growers. When possible, we purchase from local farmers within the clean, fertile valleys of our home county of Sonoma.
We have a recall system in place and track all ingredients from the vendor to the end user or retailer. This way, if there is ever a product recall or health concern, we will know exactly who has the affected products.
