Dive Brief:
- Soylent, a food replacement startup, responded to As You Sow's announcement that the environmental health group intended to file a lawsuit alleging violation of California's Safe Drinking Water and Toxic Enforcement Act of 1986 (also called Proposition 65). Soylent stated on its blog, "Soylent does not have unusual or unsafe levels of lead, cadmium, or any metal. As You Sow’s legal claim is that we do not display the required Proposition 65 notice, which is incorrect."
- The act requires food products that exceed strict limits on the levels of toxic elements to carry a label that says, "WARNING: This product contains chemicals known to the State of California to cause cancer and birth defects or other reproductive harm."
- The company recently rolled out a second iteration of its signature product.
Dive Insight:
Soylent admitted its product exceeds some of the California limits but does display the required warning. The company provides access to a full certificate of analysis for its product.
Proposition 65 sets much more stringent limits for heavy metal levels than does the FDA, the EPA, and the WHO. As a result, many foods (and other products sold in California) contain warning labels. Companies aren't required to change their products but are required to have the warning label. This intended lawsuit is another in a long line of lawsuits resulting from Proposition 65.