California Prop 65 Notice
What is Proposition 65?
Last updated: February 1, 2025
1. Overview and Purpose
You may have noticed references to Proposition 65, or Prop 65, on our product labels or website, and you might be wondering what it signifies. Allow us to explain. Z Natural Foods (“ZNF”), headquartered in Palm Beach, Florida, issues this notice in compliance with the California Safe Drinking Water and Toxic Enforcement Act (commonly known as Proposition 65). The essence of Proposition 65 is to provide consumers with information regarding potential exposure to substances that could cause cancer, birth defects, or other reproductive harm. Importantly, the presence of a Prop 65 warning on our products does not imply that our products are dangerous or contaminated. Instead, it is a statutory requirement designed solely to enhance consumer awareness.
2. Detailed Explanation of Proposition 65
a. Nature and Scope of the Law
Prop 65 is unique in its approach to chemical safety. In contrast to federal regulations—which generally presume that a chemical is safe until scientific evidence indicates otherwise—Prop 65 adopts a precautionary stance. Any company wishing to sell a product within California must demonstrate that the product does not contain any chemicals listed under Proposition 65 at levels exceeding the established safe harbor thresholds.
b. Warning Label Requirements
If a product sold in or shipped to California may expose users to one or more of the over 1,000 substances identified by the State as potential causes of cancer, birth defects, or other reproductive harm, it must bear the required warning label. These substances include both synthetic and natural chemicals.
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Products and Environments Covered:
This law applies to a wide range of products—from food and medications to items like batteries, computers, jewelry, clothing, vehicles, mobile phones, and furniture—as well as diverse environments such as coffee shops, grocery stores, restaurants, parking lots, amusement parks, and hospitals. It even covers naturally occurring hormones (e.g., testosterone and estrogen) in the human body.
3. Uniform Application and Consumer Transparency
a. Universal Labeling Decision
Due to the extensive reach of Proposition 65 and its enforcement beyond California’s borders, ZNF has elected to affix the Prop 65 warning to all products regardless of their final destination. Enforcement actions by private attorneys have increasingly targeted companies outside California that ship products into the state. As a smaller company, it is impractical to produce separate labeling for California-bound products; thus, we adopt a uniform labeling policy to ensure full compliance and transparency.
b. Legal Implications of the Warning
The presence of the warning does not prohibit products from being sold or shipped to California. Proposition 65 mandates that a warning be displayed when exposure to a substance could potentially cause more than “one extra case of cancer in 100,000 individuals exposed to the chemical over a 70-year lifetime.” This requirement applies even when a substance is present at levels 1,000 times below the “no observable effect” threshold. Consequently, even minute quantities of substances such as lead, cadmium, or other listed chemicals will necessitate the warning label.
4. Testing, Safety, and Quality Assurance
ZNF is fully committed to maintaining the highest standards of product safety and quality.
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Rigorous Testing:
Our products undergo comprehensive testing to ensure that any naturally occurring levels of heavy metals or other substances remain well below the safe harbor levels established by regulatory agencies, including the FDA, USDA, and World Health Organization (WHO). -
Natural Occurrence:
Many plants, plant extracts, minerals, and food products may naturally contain trace amounts of heavy metals due to environmental factors. These low levels are inherent to nature and are not indicative of contamination.
5. Enforcement, Litigation, and Industry Context
a. Enforcement Actions
Lawsuits to enforce Proposition 65 may be initiated by the State of California or by private individuals and their attorneys who seek financial recovery through settlements. The dietary supplement industry, among others, has faced targeted enforcement actions concerning lead and other heavy metals.
b. Industry Impact and Natural Presence of Substances
Elements such as lead occur naturally in the environment, including in soils where plants and herbs grow. Detectable levels of lead are present in a variety of food products (e.g., fruit juices, seaweed, ginger, and chocolate) that many consider part of a healthy diet. Despite these occurrences, the FDA has established safe levels for such metals, and ZNF consistently ensures that our products meet or exceed these standards.
c. Legal and Financial Considerations
Although Proposition 65 was designed to protect consumers, some legal actions have been pursued primarily for financial gain. For example, in 2008, the average settlement in Prop 65 cases was approximately $123,000—a figure that largely reflects legal costs rather than product risk. This reality necessitates the inclusion of the warning labels on our products even when naturally occurring levels of heavy metals are well below the Prop 65 limits.
6. Label Warnings Displayed
The exact warning statements that appear on our product labels are as follows:
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California Proposition 65 WARNING: Cancer and Reproductive Harm - www.P65Warnings.ca.gov/food
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California Proposition 65 WARNING: Consuming this product can expose you to chemicals, including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. For further information go to www.P65Warnings.ca.gov/food
For additional information about California Proposition 65, please see:
http://www.oehha.ca.gov/prop65.html.
7. Disclaimer, Limitation of Liability, and Arbitration Agreement
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Informational Purposes Only:
The information provided herein is solely to comply with legal requirements and inform consumers. It does not constitute legal, medical, or health advice. -
No Implied Warranty or Admission of Risk:
The inclusion of a Proposition 65 warning does not imply that any product is unsafe, defective, or non-compliant with established safety standards. -
Limitation of Liability:
ZNF expressly disclaims any liability—whether direct or consequential—arising from the display or interpretation of this notice. Any dispute or claim arising from or related to this notice shall be resolved exclusively through binding arbitration in accordance with the terms set forth in our Terms of Use Policy. By purchasing or using ZNF products, consumers expressly agree to these arbitration provisions.
8. Consumer Guidance and Health Recommendations
Despite the extensive legal requirements surrounding Proposition 65, ZNF remains committed to supporting your health. In light of today’s environmental challenges, we offer the following guidelines to help you maintain vibrant health:
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Daily Use of Adaptogen and Tonic Herbs: Incorporate adaptogenic and tonic herbs and foods into your daily routine.
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Whole Foods Nutrition: Nourish your body with whole foods to optimize its natural functions.
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Detoxification Support: Ensure that your body’s detoxification pathways are well-nourished and functioning optimally.
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Stress-Relief Activities: Engage in relaxing activities such as yoga, meditation, talk therapy, music therapy, or light and dance therapy.
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Hydration: Maintain adequate hydration to support detox processes.
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Protein Intake and Strength Training: Consume high-quality, food-based proteins regularly and engage in strength training exercises to sustain lean muscle mass.
9. Additional Information and External References
For further details on California Proposition 65, please visit the following websites:
10. Industry Examples and Distributors
a. Companies Pursued for Prop 65 Non-Compliance
The list of companies in the nutritional supplement and broader consumer product industries that have faced enforcement actions under Proposition 65 is extensive and continues to grow. Examples include (but are not limited to):
4Life Research
Absolute Nutrition
Advanced Nutrient Science
Advanced Physicians Formula (NHK Laboratories)
Advocare International
AIM International
AL Global Corporation
Alfa Vitamins Lab
ALL ONE Nutritech
Aloe Vera of America
Amazon Herb Company American Body Building Products
American BodyBuilding Products
Arbonne International (Arbonne Essentials)
Arise & Shine Herbal Products
Aspen Group
AST Sport Science
ATF Fitness Products
Atrium Inc.
Ayush Herbs
Baseline Nutritionals
Beauty & Health International
Betty Lou’s
Bio-International
Biotics Research Corporation
Bristol Farms Pure Synergy
Bronson Nutritionals
Ceautamed Worldwide
Cell-Nique Corporation
CGNP Manufacturing
Champion Nutrition
Chi’s Enterprise
Continental Vitamin Company
Creations Garden Natural Products
DEVA Nutrition
DNS Nutrition
Dr. Health
Dr. Mercola
Dr. Schulze’s American Botanical Pharmacy
EarthLab (Wise Woman Herbals)
Erom
Forever Living
Forevergreen
FreeLife International
Full Green Circle
Futurebiotics
Garden of Life
General Nutrition Centers
Genesis Pure
Genesis Today
Genisoy Food Company
GHC ND Operations
Ginco International
Global Healing Center
Golden Flower Chinese Herbs
Golden Neo-Life Diamite International
Good Life International
Great American Products
Greens World
Health Body Services
Health Plus
Healthy Body Services
Healthy Directions
Healthy Healing
Healthy Natural Systems International
Heritage Health Products Company
ICA Health (Dr. Wilson’s Original Formulations)
ICC Industries
Inner Health Group
Institute for Vibrant Living
Integrated Sports Science
Integrity Health Group
ISI Brands
It Works Global
Jarrow Formulas
Kan Herb Company
Konsyl Pharmaceuticals
Kraft Foods
Labrada Nutrition
Life Extension (XtendOLife)
Life Force International
Living Intentions
LuckyVitamin Corporation
MacroLife Naturals
Max Muscle Sports Nutrition
MET-Rx Engineered Nutrition
Metagenics
Mountain Rose Herbs
MRI
MRM
Myogenix
Natrol
Natura Health Products
Naturade Operating Corporation
Natural Organics
Nature’s Answer (Greens Today, Tru Cleanse, etc.)
Nature’s Best
Nature’s Bounty
Nature’s Herb Company
Nature’s Plus
Nature’s Sunshine Products
Nature’s Way Products
Naturemed
Navitas Naturals
New England Greens
Nu Skin Enterprises
NuCare International
Nutraceutical Corporation
Nutri-Well International
Nutri-West
NutriBiotic
Nutricologiy
Optimum Nutrition
Organic By Nature
Organic India USA
Ortho Molecular Products
Promax Nutrition Corporation
ProSource
Pure Planet Products
Quick Trim
R-U-VED
Raw Indulgence
ReNew Life Formulas
Rexal Sundown
Robbins Research International
Self Health Resource Center (Dr. Clark Store)
Seychelles Organics
Sonne’s Organic Foods
Sunfood Superfoods
Sunrider International
Sunsweet Growers
Sunwarrior
Supreme Protein
Symmetry Corporation
Tao of Wellness
The Clean Program Corp.
The Synergy Company
Trace Minerals Research
TRC Nutritional Laboratories
TriVita
Ultimate Nutrition
United Herbal Sciences
United States Nutrition
Vega (Sequel Naturals)
Vibrant Health
Visual Sciences
Vital Pharmaceuticals
Vitamin Power
Vitamin Research Products
Vitamin Shoppe
VitaTech International
Vitonomy
Wellness Watchers Global
WellNX Life Sciences
Western Botanicals
Wholistic Botanicals
Windmill Health Products
World Health Products
Yerba Prima
b. Distributors
Examples of distributors in this sector include:
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Amazon.com, Drugstore.com, Pureformulas.com, Supplementwarehouse.com, DPS Nutrition, iHerb, GNC, Swanson Health Products, and Vitacost.com.
11. Policy Modifications and Entire Agreement
ZNF reserves the right to modify or update this Proposition 65 Notice at any time in its sole discretion to reflect changes in legal requirements or business practices. This Notice is an integral part of the overall legal policies governing your relationship with Z Natural Foods. Continued use of our products constitutes your acceptance of the current version of this Notice.
When you use our Site, Service, Service Providers, place an order, or contact us, you are acknowledging that you have read, understand, and agree to be bound by all of our Policies referenced and/or published on this site, collectively referred to as TOU, which includes our Terms of Use Policy, Privacy Policy, Legal Notice Disclaimer, Return Policy, Accessibility Statement, California Prop 65 Notice, Subscriptions, Shipping Policy, Cookie Policy, DMCA Compliance Statement, Mobile Terms of Service, Content Policy, Advertising & Analytics Policy, Information & Security Policy, Product Reviews Policy, Bot & Crawler Policy, GDPR Statement, CCPA Opt-out. Any disagreements must be settled with binding arbitration.
