Prop 65 is a unique California law requiring businesses to warn consumers against products that may contain quantifiable amounts of over nine-hundred possible chemicals, including lead. Prop 65 limits for lead are in some cases nearly 1,000 times lower than the EPA’s “No Significant Risk Levels”. Due to the presence of lead in soil, plants of all types may naturally contain lead and other metals in trace amounts through no act of adulteration. While originally well intended, Prop 65 was vaguely written and ill-conceived, now allowing a host of opportunistic lawyers to take advantage of unsuspecting retailers and manufacturers by filing a flurry of notices alleging lead content in food products and seeking monetary gain in the form of a very costly settlement (over $40 million in settlements in 2023 alone!). Most companies can prove the level is meaninglessly low — but that is extremely expensive to do in court. So, most companies end up settling and labeling their products, to avoid the crippling time and monetary expense of litigation.
How do Prop 65 levels compare with other safety standards?
Various countries and safety organizations have reviewed known studies and science to produce safety guidelines on the levels of heavy metals that can be consumed on a daily basis without causing harm. The Prop 65 levels are among the most stringent, and again, build in a 1,000-fold safety factor below the no observable effect level for chemicals listed as reproductive toxicants. For comparison, where Prop 65 allows for 0.5 mcg/day of lead, the AHPA (Canada's Natural Health Directorate) allows for 20 mcg/day, the FAO/WHO and EU allow for 250 mcg/day, the FDA Tolerable Daily intake is 75 mcg/day, and the ANSI 173 standard is 20 mcg/day.
Do you put lead in your products?
No. Bare Bones does not intentionally add lead to any products.
Lead is an element that exists in nature. It is found in varying degrees across the globe. Lead is widely distributed in the environment and may be found naturally in the earth, soil, and water as a result of geologic deposits of lead. Plants grown in soils containing lead can uptake lead into parts of the plants. Animals eat plants. These incredibly low levels of lead found in the real food ingredients we source, are 100% naturally occurring.
Why don't I see this warning on other products?
Thousands of companies have received Prop 65 notices regarding lead in consumer products, including reputable big name brands. Many of the legal battles are ongoing. Some companies are pulling products from the shelves, some are reformulating where possible, some are decreasing the serving size, and some are negotiating settlements that allow for higher levels of lead without the warning. Some companies are also providing Prop 65 warnings for their products - which is the route we have chosen as a small business, unwilling and incapable of fighting the ERC in an expensive legal battle that could cripple our business.
Why are you seeing this warning on Bare Bones products?
Lead in the environment can be taken up by plants and ingested by animals and enter the food supply. Testing results that detect lead do not necessarily mean the food should be avoided.
Some of Bare Bones products contain trace amounts of “heavy metal minerals” absorbed from the environment. The State of California requires companies to feature the Proposition 65 warning label for food products containing lead content.
Our products tested just under the maximum allowable dose level (MADL) of lead per serving. While this amount of lead is naturally occurring and just under Prop 65's acceptable level of 0.5 micrograms per day, we have chosen to label our product with a Prop 65 warning because it's reasonable to assume a person could consume more than one serving per day, which would exceed the maximum allowable dose level outlined by California's Prop 65, thus requiring us to label our products with a warning. Additionally, the
For context, 0.5 micrograms is the maximum allowable dose level (MADL), which is a safe harbor level established by Prop 65 for chemicals that cause reproductive toxicity. This is the level at which a chemical would have no observable effect even if an individual were exposed to 1,000 times this level of lead.
What is Prop 65?
The Safe Drinking Water and Toxic Enforcement Act of 1986 (commonly known as Prop 65) is an initiative that was passed in California that requires the state to publish a list of chemicals known to cause cancer, birth defects, or reproductive harm. Since 1986 the list has grown to include around 900 chemicals. The state of California designates a maximum allowable level of each chemical per day, referred to as a safe harbor limit. These limits are then calculated with a threshold of 1,000 times below an observable effect limit. The observable effect limit is often calculated with animal studies. These limits set by California are much more stringent than nationally and internationally recognized limits presented by the FDA, EPA, WHO and EU.
Proposition 65 requires businesses to provide warnings to California residents about exposures to chemicals that cause cancer, birth defects, or other reproductive harm. These chemicals can be found in products that California residents purchase, in their homes or workplaces, or may be released into the environment. By requiring that this information be provided, Proposition 65 enables California residents to make informed decisions about their exposures to these chemicals.
For more information: www.p65warnings.ca.gov
Are Bare Bones products safe?
Yes. Food safety is our #1 priority. We follow the strict guidelines set forth by Federal Drug Administration (FDA) and United States Department of Agriculture (USDA). We strive to ensure that our products will include minimal heavy metal content by following industry-leading manufacturing practices and do not introduce any contaminants during the production process.
Do other similar products contain the same levels?
There are many common foods that in their pure form do not meet the prop 65 limits set by the state of California. There are also many similar products that may contain these substances, but do not contain a Prop 65 warning.
Why do other products that look like they contain the same ingredients not have a warning?
The absence of a Prop 65 warning on a product does not necessarily mean that the product is free from these substances, or that it falls below the specified limit. At Bare Bones we take special care to ensure that we comply with all regulations applicable to the places where our product is sold and used. For that reason, we are legally required to display a warning with regards to lead levels. We are committed to leading by example with continued transparency as a company that you can trust to always provide the highest quality and safest products we can.