Why is there a Prop 65 notice on 310 Nutrition shipments to California?

At 310 Nutrition, our top priority is for the health and well-being of our customers. We also want to empower you with information. So what’s Prop 65?

In 1986, California voters approved an initiative to address their growing concerns about exposure to toxic chemicals. That initiative became the Safe Drinking Water and Toxic Enforcement Act of 1986, better known by its original name of Proposition 65. Prop 65 requires the state to publish a list of chemicals thought to cause cancer, birth defects or other reproductive harm.

It also requires businesses to notify Californians about certain chemicals in the products they purchase, in their homes or workplaces, or that are released into the environment. Not all companies comply and many do so only after a lawsuit, but 310 has voluntarily elected to provide Proposition 65 warnings to California customers.

Where would you normally see these warnings?

Prop 65 warning signs are commonplace in California, and are routinely displayed at restaurants, coffee shops, banks, gas stations, grocery stores, apartment complexes, workplaces, and even Disneyland.

What chemicals does Prop 65 cover?

Prop 65 lists over 800 chemicals, including lead, that businesses are required to warn consumers about. Lead is a naturally occurring element in soil, so it can be found in trace amounts in fruits, vegetables (such as sweet potatoes, spinach, collard greens, and Brussel sprouts), and other foods, including dietary supplements, protein shakes, coffee, chocolate, nuts, and candies, such as natural licorice, in which a plant-based ingredient, such as whey or other botanicals, may be present. 

Detectable levels don’t require that the plant was grown in dirty, polluted soil. Whether the soil is certified organic, or conventional, and regardless of whether the plant is organic or genetically modified, lead is naturally found in most fruits and vegetables at levels that commonly exceed Prop 65 limit of 0.5 mcg.

Where do these chemicals come from?

We never add heavy metals or any toxic substances to our products, which are intended to promote good health. The trace levels of lead that can be present in 310 shakes and juices are extremely low and lower than eating a serving of most veggies.

Many commonly used ingredients, including cocoa, calcium, and magnesium can contain naturally occurring levels of Prop 65-listed chemicals. For example, lead and other heavy metals, which are widely distributed in soil, water, air, and rocks, can be naturally and commonly present in foods and food ingredients.

How do the levels of lead compare to that in foods?

In comparison, the following are some examples of lead contained in vegetables and nuts:
Sweet Potato - 15 mcg per serving 
Spinach - 15 mcg per serving 
Brussel Sprouts - 16 mcg per serving 
Mixed Nuts - 20 mcg per serving 
Collard Greens - 30 mcg per serving (50x higher than Prop 65 stipulates)
mcg = microgram (one millionth of a gram)

We have extremely low amounts of lead in our shakes and it comes from anything chocolate or botanical sources (including whey) - basically anything that came from the ground as the lead is naturally occurring in the ground/dirt (which is why the cows would have gotten it for us to have it in the whey).

Are 310 products safe?

Most definitely. 310 Nutrition is not in violation of any product-safety standards or requirements, and is manufactured in FDA-approved facilities that follow federally regulated current Good Manufacturing Practices (cGMP). No changes to our formula are mandated by law, and we stand by the quality and safety of our product. 

Because no other state or federal regulation has levels set at such a low level, especially for naturally occurring heavy metals, this notice is only required for shipments to California consumers.

California Proposition 65 has some of the most stringent warning standards in the world. For certain chemicals that are listed as reproductive toxicants, such as lead, California Proposition 65 warnings are required at extremely low levels that incorporate a 1,000-fold safety factor. In other words, for those chemicals, California sets a warning trigger level that is 1,000 times lower than the level of exposure that has been shown to have no observable effect on humans or animals.

What’s the recent amendment active as of August of 2018 about Prop 65?

The warning must now be a “clear and reasonable warning” including the name of the known chemical.

Why don’t all similar products from other brands carry the Prop 65 warning?

Other companies may elect not to provide warnings because, in their assessment, they conclude that they are not required to do so under Prop 65 standards. A lack of warnings for a product does not necessarily mean that the product is free of the same substances at similar levels. We choose to be transparent and compliant.

Where can I get more information about Prop 65?

For more information on Prop 65 please see the Prop 65 web site maintained by the State of California at https://oehha.ca.gov/proposition-65 or call (916) 445-6900.