What is Proposition 65?

Last updated: February 1, 2025

1. Overview and Purpose

You may notice a California Proposition 65 (“Prop 65”) warning on our product labels and on this website. We understand that this language can look alarming at first glance, so we want to explain clearly what it does and does not mean.

Lean Factor (“LF”), headquartered in Palm Beach, Florida, sells organic, minimally processed food ingredients. Because some of our products are sold or may be shipped into California, we are required to comply with California’s Safe Drinking Water and Toxic Enforcement Act of 1986, commonly known as Proposition 65.

Prop 65 is a California disclosure law. It requires businesses to provide a warning if a product may expose consumers to certain listed chemicals—even when those chemicals are present at very low levels that are far below limits recognized as safe by federal and international agencies.

Important points for you as a customer:

• A Prop 65 warning does not mean a product is unsafe or contaminated.

• It does not mean the product exceeds federal safety limits.

• It does mean that California’s very strict and conservative warning criteria have been triggered, or that we are providing a warning out of an abundance of legal caution.

We use these warnings primarily to comply with California law and to protect our small business from aggressive, lawsuit-driven enforcement, not because we believe our organic foods pose a harmful risk when used as intended.

2. What is Proposition 65?

a. Nature and scope of the law

Proposition 65 requires the State of California to maintain a list of chemicals that are “known to the State” to cause cancer, birth defects, or other reproductive harm. This list includes over 900 substances and covers both synthetic and naturally occurring chemicals found in everyday life, food, household items, furniture, tools, personal care products, and many more.

Under Prop 65, businesses must provide a warning before knowingly and intentionally exposing individuals in California to one or more of these chemicals at levels that exceed California’s very conservative “safe harbor” exposure levels. 

Prop 65 CH

b. How strict are Prop 65 exposure levels?

Prop 65 levels are intentionally set far below what scientific and regulatory bodies consider “unsafe.” For cancer, the “No Significant Risk Level” is typically defined so that lifetime exposure would not result in more than one additional cancer case in 100,000 people exposed over 70 years.

For reproductive effects, “Maximum Allowable Dose Levels” use large safety factors, often 100–1,000 times below the level at which no adverse effects have been observed in animal studies. In practical terms, this means a Prop 65 warning can be required even when the exposure is many orders of magnitude below levels recognized as safe by the FDA, WHO, and other regulatory bodies.

3. Why Lean Factor Uses the Warning on All Products

a. Uniform labeling and legal risk

Prop 65 is enforced not only by the State of California but also by private attorneys and individuals, who may bring lawsuits and seek civil penalties and attorneys’ fees. These enforcement actions often target companies anywhere in the U.S. that sell or ship products into California—even in very small volumes. 

As a smaller company, it is not practical or economical for us to maintain separate labels just for California, nor to litigate borderline or technical Prop 65 claims. For that reason, we have adopted a uniform labeling policy:

We include California Prop 65 warnings on affected products regardless of where they are shipped, to ensure compliance and to protect the company from opportunistic litigation.

b. What this means (and doesn’t mean) for you

• It does mean we are being cautious and transparent under California law.

• It does not mean that your product is unsafe, defective, or out of compliance with FDA, USDA, or WHO guidelines.

• It does not mean there is a proven health risk from normal, intended consumption of our foods.

4. Natural Trace Minerals and Our Testing Program

a. Naturally occurring minerals in organic foods

Many whole foods—especially plant-based ingredients like roots, leaves, fruits, and sea vegetables—can contain trace amounts of heavy metals such as lead, cadmium, or arsenic. These are often present due to natural mineral content in soil, water, or marine environments, not because of contamination or poor quality.

Examples of foods that may naturally contain trace metals include fruit juices, grains, spices, seaweed, cocoa, and certain herbs. These foods are widely consumed worldwide as part of healthy diets.

b. Our quality and safety standards

At Lean Factor, we are committed to stringent quality control:

• We source from trusted suppliers and prioritize organic, minimally processed ingredients whenever possible.

• We conduct testing (internally and/or through third-party labs) to help ensure that naturally occurring levels of heavy metals and other substances are in line with or below applicable federal and international guidelines (such as those from the FDA, USDA, and WHO).

• If a product does not meet our internal quality and safety specifications, we do not sell it.

The presence of a Prop 65 warning on one of our products does not override these safety commitments; it is an additional disclosure driven by California-specific legal requirements.

5. The Warnings You May See on Our Labels

To comply with California’s Prop 65 “clear and reasonable warning” requirements for foods, and especially in light of updated regulations taking effect for products manufactured after January 1, 2028, our labels for certain products may include language substantially similar to:

CALIFORNIA WARNING: Can expose you to lead, a carcinogen and reproductive toxicant. See www.P65Warnings.ca.gov/food

or

CALIFORNIA WARNING: Consuming this product may expose you to chemicals, including lead, which is known to the State of California to cause cancer and birth defects or other reproductive harm. See www.P65Warnings.ca.gov/food

These statements are designed to match California’s safe-harbor warning formats and to specify at least one listed chemical (e.g., lead), as required under the updated short-form regulations.

Again, this is a legal disclosure requirement, not a statement that the product exceeds federal safety limits or is inappropriate for consumption when used as directed.

6. Should You Be Concerned About Prop 65 Warnings?

A Prop 65 warning:

• Does not automatically mean that a product is unsafe.

• Does not quantify exposure levels or compare them to federal or international safety thresholds.

• Does reflect California’s unique, highly conservative approach to risk communication.

Regulators and legal commentators consistently note that Prop 65 warnings often reflect exposures far below levels that would ordinarily be considered hazardous in everyday use.

If you have specific medical conditions, are pregnant or nursing, or have been advised to limit intake of certain minerals or nutrients, you should always consult your healthcare provider regarding your individual situation and dietary needs.

7. Disclaimer, Limitation of Liability, and Arbitration Agreement

Informational Only

This page is provided for general information and legal compliance with California Proposition 65. It is not medical, nutritional, or legal advice and should not be used as a substitute for consultation with a qualified professional.

No Admission of Unsafe Conditions

The presence of a Proposition 65 warning on any LF product does not mean that the product is unsafe, defective, or non-compliant with applicable federal or international safety standards. The warning is provided to satisfy California’s disclosure rules and to reduce legal risk to our company.

Limitation of Liability and Arbitration

To the fullest extent permitted by law, Lean Factor, its owners, employees, and affiliates disclaim liability for any loss or damage arising out of or related to:

• your reliance on this Prop 65 information, or

• your interpretation of, or reaction to, the Prop 65 warnings on our products.

Your purchase and use of LF products are governed by our Terms of Use, Privacy Policy, Return & Refund Policy, and other applicable site policies (collectively, the “LF Policies”), all of which are incorporated here by reference.

Any dispute, claim, or controversy arising out of or relating to our products, this notice, or the LF Policies shall be resolved exclusively through binding arbitration as described in our Terms of Use, rather than in court, except where prohibited by law.

By purchasing or using LF products, you acknowledge and agree to be bound by the LF Policies, including the arbitration and limitation-of-liability provisions contained therein.

8. Consumer Guidance and General Wellness Principles

Despite the legal complexity surrounding environmental exposures, our core mission remains simple: providing high-quality, nutrient-dense foods to support your health and wellness.

General wellness principles often recommended by health professionals include:

• Emphasizing whole, minimally processed foods as a foundation of daily nutrition.

• Supporting healthy detoxification pathways through balanced nutrition, sufficient fiber, and adequate micronutrients.

• Managing stress through restorative activities such as mindfulness, yoga, movement, enjoyable hobbies, social connection, or other relaxation practices.

• Maintaining adequate hydration throughout the day.

• Consuming appropriate amounts of high-quality dietary protein and engaging in regular physical activity, including resistance or strength training, as tolerated and advised by your healthcare provider.

These are general suggestions only and are not tailored medical advice. Always consult your healthcare practitioner before making significant changes to your diet, supplement regimen, or exercise routine.

9. Additional Information and External References

For further details on California Proposition 65, please visit the following websites:

• www.P65Warnings.ca.gov/food

• www.oehha.ca.gov/prop65

• WhyThisWarning.com

• Prop 65 Enforcement Scam – KrostCPAS

• The IPLaw Blog – Proposition 65

• Prop 65 Explained (Shopify PDF)

• Now Foods Proposition 65 FAQs

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
Advance 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 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

A Few Distributors:
Amazon.com
Drugstore.com
Pureformulas.com
Supplementwarehouse.com
DPS Nutrition
iHerb
GNC
Swanson Health Products
Vitacost.com

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