Prop 65


What is the warning I see on Primal Muscle's products?

The warnings about cancer and reproductive issues featured on our product labels are required by California labeling law Proposition 65 (or Prop 65 for short), which is meant to notify individuals in California of exposures to Prop 65-listed chemicals.

Proposition 65 was created in the 80’s to ensure safe drinking water for California residents, but unfortunately, some feel it has become a little too “over reaching” in its attempt to protect the public, and its reaches have extended to foods, dietary supplements, public places, and more.

From Wikipedia:

“Political controversy over the law, including industry attempts to have it preempted by federal law, have died down. However, enforcement actions remain controversial. Most of the Proposition 65 complaints are filed on behalf of straw man plaintiffs by private attorneys, some of whose businesses are built entirely on filing Proposition 65 lawsuits.[26][29][30]

Labeling requirements conceded the reality that listing and classifying substances did not help the consumer if the contents of a purchase were unknown. At the same time, there were no other labeling requirements to support the proposition. Industry critics and corporate defense lawyers charge that Proposition 65 is "a clever and irritating mechanism used by litigious NGOs and others to publicly spank politically incorrect opponents ranging from the American gun industry to seafood retailers, etc."[31]

In addition, because the law allows private citizens to sue and collect damages from any business violating the law, there have been cases of lawyers and law firms using Proposition 65 to force monetary settlements out of California businesses.[32] The Attorney General's office has cited several instances of settlements where plaintiff attorneys received significant awards without providing for environmental benefit to the people of California, resulting in the requirement of the Attorney General's approval of pre-trial Proposition 65 settlements.[33] The Attorney General also objected to efforts in settlements between private parties to pre-empt the Attorney General's right and duty to protect the public interest against future violations.[26]

Here is the real intention of Prop 65 when the people of California voted on it in November 1986.

Over 800 chemicals have been listed under California Prop 65. They include pesticides, heavy metals, and Vitamin A at certain levels.

Certain listed chemicals, such as lead, are widely distributed through the environment in air, soil, water, and rocks. As a result, these types of chemicals are often found in commonly eaten foods and throughout the food supply even though these chemicals are not intentionally added to foods or nutritional supplements.

So - does this warning mean that the product will actually cause cancer or other reproductive harm when the product is used in its typical way? Not necessarily. The listing of a chemical under Prop 65 could be the result of tests performed with extremely high doses on laboratory animals, and Prop 65 standards for warnings are often very stringent.

For example, for reproductive toxicants, the level for warnings is 1000 times lower than the lowest level at which animal studies reported no reproductive health effect. A Prop 65 warning does not automatically mean that the product is unsafe.
If you're wondering why you don't see this on all supplements, well, there is good reason...

Other companies may not display warnings because, in their assessment, they conclude that they are not required to do so under Prop 65 standards. But keep in mind, a lack of warnings for a product does not necessarily mean that the products is free of the same substances at similar levels.

In other words, just because they don't have the same warning, doesn't mean they aren't at risk of violating Prop 65 requirements.

At Primal Muscle, we want to make 100% sure you have all the information you need to make the best decisions for what you decide to consume, therefore we want to be totally transparent about this Prop 65 issue, and why we have elected to display this warning on our products.

For more information on Proposition 65:
Prop 65 Warning
Additional Information about prop 65
Additional Information about prop 65
Additional Information about prop 65
Additional Information about prop 65

For a list of all chemicals covered under Proposition 65:

More interesting reading:

Have a look at some examples of common restaurants around CA that ALL have this warning: