Neurobiologix Proposition 65 (Prop 65) FAQ

Last updated: January 31, 2023

What Is California's Proposition 65?

California's Safe Drinking Water and Toxic Enforcement Act of 1986, now universally known as Proposition 65 (Prop 65), is a law that applies only in the State of California. Prop 65 mandates the publication of a list of chemicals that the State of California determines cause cancer or congenital disabilities, and requires companies that sell products containing those chemicals to inform California residents about the risk of exposure by including a warning notice on the product label.

Since 1986, the two Prop 65 lists have expanded to include more than 1,000 chemicals. Even if a chemical has not been shown to cause cancer or congenital disabilities in humans but has been shown to do so in animal testing, the chemical is still required to be placed on the applicable Prop 65 list.

Prop 65 warning notices can be seen throughout California in various settings, such as restaurants, grocery stores, hotels, bars, schools, hospitals, and theme parks.

What Chemicals Are on the Prop 65 Lists?

The two Prop 65 lists encompass a wide range of naturally occurring and man-made chemicals. Listed chemicals include not only ingredients found in pesticides, insecticides, and construction materials, but also ingredients contained in common household products like foods, drugs, alcoholic beverages, and nutritional supplements.

Some chemicals on the Prop 65 list, such as lead, cadmium, and arsenic, are found naturally in the environment worldwide. Therefore, some products that naturally contain these substances can be required to carry a Prop 65 warning notice on their product label, such as mineral and botanical ingredients contained in nutritional supplements.

Are Other States Affected by Prop 65?

Prop 65 only applies in California. A company that sells consumer goods in California, whether or not the company is located in California, is subject to Prop 65's warning notice requirement. Prop 65 warning notices are not required to be included on the labels of products sold in other states.

Are Products with a Prop 65 Warning Notice Unsafe?

When a manufacturer includes a Prop 65 warning notice on a product, it does not mean the product is unsafe. Instead, the warning notice is intended to inform California consumers of the presence of a Prop 65-listed chemical so the consumer can make an informed decision when purchasing the product.

How Does Prop 65 Determine the Threshold Levels for Which a Warning Notice Is Required?

Prop 65 establishes two criteria to define the level of exposure risk: cancer risk, and congenital disability or other reproductive harm risk. The maximum daily exposure threshold for a cancer-risk chemical is determined using the "no significant risk level." The no significant risk level is defined as the maximum daily level of exposure that would result in not more than one additional case of cancer in 100,000 individuals exposed to that specific chemical every day for 70 years. In other words, a person exposed for 70 years to the maximum daily limit of the chemical at the no significant risk level would have no more than a one-in-100,000 chance of developing cancer due to that 70-year exposure.

The maximum daily exposure threshold for a birth defect-risk chemical is determined using the "no observable effect level." This is defined as the maximum daily level of exposure that has been shown to not cause any congenital disabilities or reproductive harm in laboratory animals or humans. As a margin of safety, the no observable effect level is divided by 1,000 to establish the threshold for requiring a Prop 65 warning notice for that chemical.

What Is Neurobiologix Doing Regarding Prop 65?

Neurobiologix regularly uses third-party testing services to test every raw ingredient and every finished good for identity and purity. As part of our purity testing, raw materials are tested for the suspected presence of chemicals listed by California's Prop 65. If a Neurobiologix product contains a naturally occurring chemical in an amount above a Prop 65 threshold, we will place the appropriate warning notice on the product label. However, in every case, the amount of lead or other chemicals in a Neurobiologix product that requires a Prop 65 warning notice will be within U.S. Pharmacopeia guidelines and considered safe for daily intake.

How Can I Learn More About Prop 65?

For more information about Prop 65, visit oehha.ca.gov/prop65.html or oag.ca.gov/prop65.