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The Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65) established strict standards for over 1000 compounds, metals, and chemicals (click here for the full list) in the State of California. This legislation requires a warning label on any product sold in California if it may contain any of the listed chemicals exceeding the safe harbor threshold. These thresholds are set, by law, to an extremely low limit, 1000 times lower than the highest levels known to be safe. For example, the Prop 65 threshold for lead requiring a warning label is .5mcg per day. This is 1000 times lower than the highest level of lead known by California NOT to cause reproductive harm. In other words, the Prop 65 warning threshold for lead incorporates a 1000-fold safety factor below the level found to have NO observable effect on humans or animals. The warning threshold is so low that current testing technology cannot reliably determine whether a sample exceeds the threshold or not.
The levels Prop 65 has specified for lead are far more stringent than the levels deemed safe by the other 49 US states, the Food and Drug Administration (FDA), the World Health Organization (WHO), Canada and the European Union (EU).
And, lead is a naturally occurring element found in soils and absorbed by crops. Examples of “everyday” foods with naturally occurring levels of lead that exceed Prop 65’s warning threshold include foods such as avocados, cucumbers, bread, and even wine.
Tailwind’s recovery products contain organic rice protein, cocoa powder, and coffee beans, which may contain naturally occurring lead at levels well under the FDA, European Union, Canada Health and other health agency safe levels, and far lower than foods we eat everyday. As noted above, the Prop 65 warning threshold for lead is so low that current testing technology cannot accurately determine whether a sample contains lead above or below the threshold.
Prop 65 places the burden of proving products do not exceed thresholds on companies that make or sell products in California. Because the extremely low thresholds are lower than can be tested for accurately, this can be practically impossible. Additionally, Prop 65 allows for Private Enforcers to take legal action against companies without any proof of injury or proving a claim of violation. These firms are allowed to keep a percentage of any settlement plus attorney’s fees. Due to the virtual impossibility of proving innocence, high cost of litigation, and large and growing number of listed chemicals, we have chosen to place a Prop 65 safe harbor warning for California residents on our recovery products.
Bottom line: our products are safe. Food safety is our #1 priority. We follow the strict guidelines set forth by the Food and Drug Administration (FDA), and we follow GMP protocols. We do not add any lead to our products; but low levels can be naturally occurring in the non-GMO, organic ingredients we use.
At Tailwind Nutrition we take special care to ensure that we follow all relevant regulations applicable to the places our product is purchased and used. For that reason, we display a safe harbor warning with regards to Prop 65. We are dedicated to continuing to be a transparent company that you can trust to always provide the highest quality and safest products available.