Several decades ago California enacted a law known as ‘Proposition 65’, otherwise known as the Safe Drinking Water and Toxic Enforcement Act of 1986. This law was meant to hold the State of California accountable to safe drinking water standards. Like most “good ideas” involving regulation, it was poorly written and quickly corrupted. Instead of holding government accountable to insure clean drinking water, the law is now being used by financially motivated law firms to target and hold private businesses hostage with outrageous and frivolous lawsuits, thus lining the pockets of both the unethical law firms and the State of California itself.
There are over 800 chemicals on the Prop 65 list, many of which are naturally occurring in food (bread, coffee, organic spinach, etc.). Of these, the most common element singled out in Prop 65 lawsuit claims is lead. It’s important to understand that the California Prop 65 maximum level for lead is some 1000 times below the ‘no observable effect’ level established by both the Federal EPA and FDA.
Many organically grown herbs, vegetables, and other raw materials easily pick up trace and low-toxicity levels of naturally occurring lead that are above the levels established by Prop 65. Keep in mind this happens even if organically grown. Prop 65 provides no differentiation between dangerous levels of heavy metals and the naturally occurring metals naturally present in food (which are still 1000 times below the ‘no observable effect’ established by the EPA and FDA).