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Supplements are considered “Food” and Subject to the Naturally Occurring Defense Under Prop 65

Posted in Food Safety, Prop 65

San Francisco Superior Court Judge John Munter ruled that dietary supplements  are included in the definition of “foods”under Proposition 65, following a pre-trial motion the sole issue was whether dietary supplements are foods under California law. The consequence of this definition is that the supplement makers can avail themselves of the defense (under the proper circumstances) that the prop 65 chemical at issue in the supplement is “naturally occurring,”  and exempt from the statute’s requirements.  The Court looked in part to the federal definitions for support.  This case came in a decision brought against several supplement companies with respect to lead.  (SFSC Case No. CGC09-488136)