It would look like one or both of these: It is possible that Nutiva’s Organic Hemp Protein powders and Organic Plant Protein Superfood Smoothies may contain trace amounts of naturally occurring lead. Any company selling to or within the state of California must ensure compliance with Proposition 65, which regulates more than 800 chemicals by their type of toxicity. For more information, visit www.P65Warnings.ca.gov. What is a P65 warning? In order to manage the significant financial and business operation risks of noncompliance, the regulatory changes provide new “safe harbor” warning content and methods of transmission. These new warning regulations fall under California’s Safe Drinking Water and Toxic Enforcement Act of 1986, referred to as Proposition 65. Customers are encouraged to consult with their own legal counsel. This is a process of masking chocolate to make it seem high cocoa solids when in fact it is not. Going forward we will adjust our policies as necessary as more information on new Prop 65 standards becomes available. This heavy roast is usually done to hide inferior quality cocoa bean flavors such as the off notes of acidity, metallic or even damp musty flavors due to over ripe or over fermented cocoa beans. SAN FRANCISCO (February 15, 2018) - Today a California Superior Court judge in San Francisco approved a settlement resolving claims that have lingered for years over whether certain levels of  lead and cadmium in chocolate require warnings under California's stringent "Proposition 65" law. "This settlement will help avoid consumers and retailer confusion while establishing a clear set of guidelines for chocolate and cocoa companies to follow when selling their products in California. The settlement agreement also sets thresholds for determining when Proposition 65 warnings will be required for chocolate products based on their percentage of cacao content and their levels of lead and cadmium. Non-residents of California click here for more information about California's Proposition 65. Going forward we will adjust our policies as necessary as more information on new Prop 65 standards becomes available. The experts' findings will be published in a public report and are expected to further the dialogue between As You Sow and the chocolate companies. Companies from a broad spectrum of industries are affected and must ensure proper warning labels if a listed chemical is present. We at the chocolate and cocoa companies take food safety and product quality very seriously, and look forward to working with scientific experts on this issue," said Hagedorn. Another means to add a compound to the Prop 65 list is through the California Labor Code, which requires the listing of compounds meeting certain scientific criteria established at the onset of Prop 65 in 1986. This includes the very strict Proposition 65 standards for lead and cadmium in candy and other products," Jeff Beckman, director of corporate communications for Hershey, told me in an e-mail. ... Chocolate, Cadmium, and Lead – The Unholy Trinity. Prop 65’s warning standards are uniquely low and not safety-based. In May of this year, we received sixty-day notices under Proposition 65 from the American Environmental Safety Institute, alleging that certain chocolate products made by Hershey Foods Corporation and Mars, Incorporated, require warningS under Proposition 65 due to the presence oflead and cadmium. Proposition 65 regulates the presence of some potentially dangerous contaminants in different products, including chocolate. Why just NordicTrack have this warning? "In addition to As You Sow, the following companies are part of the settlement:  Barry Callebaut (USA), Blommer Chocolate Co., Cargill, Inc., Guittard Chocolate Co., The Hershey Company, Lindt & Sprungli (North America), Mars Incorporated, Mondelez Global LLC, and Nestle USA, Inc. It's a result of California's Proposition 65, which warns consumers about cancer-causing chemicals, and a lawsuit by an advocacy group. The Superior Court also authorized an "opt-in" program that will enable additional companies that make or offer chocolate products for sale in California to become additional parties to the settlement if they are willing to comply with the terms of the settlement. Prop 65 warnings are seen throughout California in a wide range of settings -- in restaurants, grocery stores, hotels, schools, hospitals, and on a wide variety of consumer products. Proposition 65 requires businesses to provide warnings to Californians about significant exposures to chemicals that cause cancer, birth defects or other reproductive harm. These metals, which are more prevalent in Latin American young volcanic soils, occur naturally and are absorbed by cocoa trees. *This communication is intended to provide advice to Santa Barbara Chocolate customers upon their request. The Oakland, Calif.-based consumer group As You Sow is expanding its fight today. Navitas Prop 65 Warning on Cacao Nibs. Some chocolate companies burn their cocoa beans with a heavy roast. Sign up for updates on how you can move companies, and to learn about what’s happening. However, this is not to dismiss the warning outright but rather to help you make an informed decisions and weigh the pros and cons of taking certain supplements, and being better educated about Prop 65. We are a chocolate supplier to the health food industry and so cocoa antioxidants are critically important. Nordi is made with Non-GMO ingredients and the cacao is 100% sustainably sourced. As a practical matter, Prop 65 warnings are required for any product (food or non-food) that exposes an individual in California to virtually any detectable amount of a listed chemical. Chocolate and every product made with cocoa can contain low levels of cadmium and lead. Therefore, the values may vary from each individual farm. We focus at keeping cocoa antioxidants as high as possible while supplying a safe chocolate, free of harmful contaminants that tastes good. It demonstrates that the participating companies are dedicated to being transparent and socially responsible," said Jerry Hagedorn current Chair of the National Confectioners Association's Chocolate Council. Separately, on February 15, 2018, the Superior Court for the County of San Francisco approved a settlement regarding the levels of lead and cadmium in chocolate that require Prop 65 warnings. Prop 65 states: WARNING: This product can expose you to chemicals which are known to the State of California to cause cancer and birth defects or other reproductive harm. 65 warning will be required in chocolate products for lead and cadmium. The settlement also establishes interim thresholds or warning levels to help determine when a Prop. Originally Prop 65 required companies to put a warning on their product’s label if there was one or more of the listed chemicals in the product. "Currently, Proposition 65 warnings are pretty generic," Delson said. Make a difference — donate today. As a responsible supplier of chocolate and cocoa powder products, we at Santa Barbara Chocolate take food safety, quality and conformity with legislative and regulatory standards very seriously. The settlement was negotiated by non-profit consumer advocacy group As You Sow and leaders of the chocolate industry over the past year. WARNING: This product can expose you to lead, a chemical which is known to the State of California to cause cancer and/or birth defects or other reproductive harm. Santa Barbara Chocolate supply is a true balance accentuating the flavor of cocoa with no burnt aftertaste. If you live in California, you’ll find a variation of this warning on chocolate, coffee, protein powders, other packaged foods, and almost every building. The proposition protects the state's drinking water sources from being contaminated with chemicals known to cause cancer, birth defects or other reproductive harm, and requires businesses to inform Californians about exposures to Since 2014, As You Sow has commissioned independent state-certified laboratories to measure levels of lead and cadmium in over 120 chocolate products available at retailers across California. Consumer Advocacy Group "As You Sow" and Chocolate Companies Agree to Resolve Longstanding Dispute over Proposition 65 Warnings for Chocolate Products. Proposition 65, officially the Safe Drinking Water and Toxic Enforcement Act of 1986, is a law that requires warnings be provided to California consumers when they might be exposed to chemicals identified by California as causing cancer or reproductive toxicity. However, it is widely accepted by the industry that these elements are absorbed at the farm level through the soil of the cacao trees. These chemicals can be in the products that Californians purchase, in their homes or workplaces, or that are released into the environment. This is accomplished through our commitment to following GMP and HACCP Programs as well as maintaining a documented Supplier Approval Program. Proposition 65, officially known as the Safe Drinking Water and Toxic Enforcement Act of 1986, was enacted as a ballot initiative in November 1986. To further educate yourself on Prop 65 including the most up to date list, please visit the State of California website. In order to inform our customers, we now label our California packaging for several of our organic products with a California Proposition 65 warning. New Prop 65 Requirements. California’s Safe Drinking Water and Toxic Enforcement Act of 1986, also known as Proposition 65. Trace levels of minerals and elements, such as cadmium (heavy metals), can be found in nearly all cocoa products. The list of potentially problematic chemicals, compounds, and metals covered by Proposition 65 has grown to more than 900 since 1986. I no longer see the Prop 65 warning on this product, but if you see it then there is better safer chocolate and it is not just coming from the soil as this seller stated, it also has to do with growing and processing methods that need to be changed to make chocolate safer. California Prop 65 is California’s Safe Drinking Water and Toxic Enforcement Act of 1986. Our interpretation of the law does not represent a formal legal opinion, as we have not sought concurrence with the competent authorities. *This communication is intended to provide advice to Santa Barbara Chocolate customers upon their request. Cadmium is also on the Proposition 65 list because it can cause birth defects or other reproductive harm. Cadmium and cadmium compounds are on the Proposition 65 list because they can cause cancer. Prop 65 has among the most stringent standards in the United States. Exposure to cadmium and cadmium compounds can cause cancer of the lung and may cause cancer of the prostate and kidney. Antibiotics & Factory Farms, Sanderson Farms. With regards to minerals, i.e. This warning and its wording are in adherence to a law called the Safe Drinking Water and Toxic Enforcement Act of 1986, better known as Prop 65. P65 stands for Proposition 65. By Brett N. Taylor, Esq. Santa Barbara Chocolate does not over-roast or use inferior grade cocoa beans. Burning the cocoa bean allows manufacturers to use less cocoa fiber (the dark part of the cocoa bean and the most expensive part) and still get a desired "dark" chocolate taste. Nordi is a love letter to those signature flavors and uniquely Nordic experiences. "This settlement helps achieves that goal and provides for interim warning levels as we jointly work on the study. But by August 2018, all of them will be much more specific. To provide some perspective, Prop 65 mandates a warning if there are more than 0.5 micrograms of lead consumed per serving, while the Federal Drug Administration’s (FDA) exposure level for infants and children is 60 micrograms per day—making California’s law 100 times stricter than federal standards. Prop 65 seeks to protect California’s drinking water … We never burn the cocoa beans to produce a darker flavor (over roasting increases dangerous acrylamide content and therefore CA Prop 65 issues). Should this be a concern! The settlement agreement also sets thresholds for determining when Proposition 65 warnings will be required for chocolate products based on their percentage of cacao content and their levels of lead and cadmium. heavy metals, Prop 65 gives an exemption for chemicals that are “naturally occurring” in food. The table below shows the amount of lead and/or cadmium found in each sampled chocolate product, measured in micrograms per serving (ug/serving). Proposition 65 requires businesses to provide warnings to Californians about significant exposure to chemicals that cause cancer, birth defects or other reproductive harm. Proposition 65 warnings now greet guests at Disneyland, drivers at California parking garages, visitors at hotels, shoppers at car dealerships and lunchgoers in fast-food lines. FSM eDigest | October 2, 2018 What the Food Industry Needs to Know About the New Prop 65 Warning Requirements. Question:All NordicTrack (iCON FITNESS) advertisements have the California Prop 65 warning. In addition, its provisions regarding enforcement create incentives for settling defendants to regularly test for the presence of lead and cadmium in their chocolate products. If there is any ambiguity, the English version of the regulatory text is authoritative. Approved raw material suppliers are asked to demonstrate that they monitor for certain contaminants in the products they supply to us or otherwise certify the raw materials as meeting applicable requirements of. Under California’s Proposition 65 — which requires warnings on products containing chemicals that cause cancer, birth defects or other reproductive harm — As You Sow is filing 60-day notices against chocolate makers Mars, See’s Candies and The Hershey Co. Your gift helps hold corporations accountable. The settlement specifies the warning text and method of transmitting the warning, which mirror the new Proposition 65 safe harbor regulations. Chocolate producers have agreed to study and report on lead and cadmium in their products. A majority of California voters in 1986 approved a ballot initiative known as Proposition 65, officially titled California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (Prop 65). The translations on this website are provided for the purpose of assisting businesses transitioning to the new safe harbor warnings regulations. The warning itself is changing soon, too. What is Proposition 65? Therefore, we consider our chocolate and cocoa powder products to be in compliance with current Prop 65 regulations. California’s Proposition 65 (Prop 65) has very strict limits for trace heavy metals. By keeping cocoa roast low and short, the chocolate will retain a higher concentration of antioxidants. The experts who conduct the study will also make findings and recommendations on feasible measures that may be taken, if any, to meaningfully reduce levels of lead and cadmium found in chocolate products. The settlement requires a joint study to investigate and report on the main sources of lead and cadmium in chocolate products. Here’s a list of manufactured products that are anywhere from 8 to 24 X HIGHER in lead than what Prop65 allows. Because these products are consumed by millions of Mailing Address:As You SowMain Post Office           PO Box 751Berkeley, CA 94701Physical Address:As You Sow2150 Kittredge St., Suite 450Berkeley, CA 94704. Prop 65 Why is there a warning label on the packaging of my Navitas Organics product? Therefore, we consider our chocolate and cocoa powder products to be in compliance with current Prop 65 regulations. This results in a strong bitter taste with little depth in flavor. Answer:All treadmills are required to have it (some just have not caught up to the new law yet) because the walking belts are made from PVC. As You Sow pointed out the experts’ findings will be available to the public, and the settlement agreement would set thresholds for determining when Prop 65 warnings will be required for chocolate products “based on their percentage of cacao content and their levels of lead and cadmium”. The translations provided herein represent OEHHA’s best efforts in translating the safe harbor warning content. These metrics involve determining if the chemical in question causes cancer, birth defects or other reproductive harm. 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