Proposition 65 (“Prop 65”), which is part of the Safe Drinking Water and Toxic Enforcement Act, is a Right to Know law required only for products sold in California. Prop 65 states that any product, whether food or not, that contains any detectable amount of the specific chemicals listed within the decades-old law carry a warning notice.
The 800 substances that are part of Prop 65 warnings are not banned, so the law is based on warnings only. Because of the potential interpretations of the law, lawsuits to enforce Prop 65 against manufacturers are sometimes instituted by the State of California, or very often by private individuals and their attorneys seeking to profit from the law.
The dietary supplement industry has recently fallen prey to such Prop 65 lawsuits based on alleged trace, yet often naturally-occurring, levels of lead (and other elements) found in products that contain various minerals and plant-based ingredients. This is due to the miniscule amount of lead found naturally in the soils from which these ingredients are grown and/or derived. Many of the substance levels set forth in Prop 65 are less than those that occur naturally in many fruits, vegetables, and other healthy food sources.
While lead is never added to any SAN supplements, it is a naturally-occurring element found throughout the environment, and so trace amounts can be found in the natural ingredients being utilized in some products. Our GMP-certified facilities ensure that no contaminants ever make their way into any SAN products, but because it’s not possible to limit these naturally-occurring levels of certain non-damaging trace ingredients and there is currently no “naturally occurring allowance” clause, SAN is complying with Prop 65 by providing warnings for our products which may have any detectable amounts of these substances.
Please note that because of the high number of lawsuits, the Governor of California has proposed reforms to end the abusive lawsuits set forth based on Prop 65 and to clarify the law itself further. Learn more here: http://www.gov.ca.gov/news.php?id=18026