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A California trial court has recognized the right of dietary supplement companies to assert a defense to the warning requirement under The Safe Drinking Water and Toxic Enforcement Act of 1986.
In a recent decision, judge John E. Munter of the San Francisco Superior Court ruled dietary supplements are “foods” under the California state law commonly known as Proposition 65.
The ruling is important for the dietary supplement industry because chemicals that are “naturally occurring in food” are exempt from Prop 65’s warning requirement. The 27-year-old law requires disclosures if consumer goods, foods and dietary supplements contain carcinogens or reproductive toxicants that exceed specified limits.
In related news, California Assemblyman Mike Gatto has introduced an amendment that would give businesses 14 days to comply with a violation of Prop 65, barring enforcement actions if the violation is corrected within the two-week period.
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