Environmental Research Center (ERC), a privately run “public interest” group, recently filed a lawsuit against Isagenix alleging a violation of California’s Proposition 65. ERC claims that Isagenix is required to provide warnings for lead for several products under California’s Proposition 65. This is not a class action complaint and does not allege that any California consumer has been hurt; ERC is the only plaintiff making these Proposition 65 claims. The lawsuit also does not seek to recall or ban the sale of any Isagenix product to California consumers. Instead, ERC is alleging only that Isagenix is required to provide warnings (which Isagenix voluntarily elected to do well before the lawsuit was filed) and seeks payment of certain civil penalties and reimbursement of ERC’s attorneys’ fees and costs.
Isagenix denies the allegations made by ERC and does not believe its products require California Proposition 65 warnings. Isagenix does not intentionally add lead to its products, an element that can be found commonly or naturally in soil, water, and ingredients such as chocolate, calcium, and other dairy products. Isagenix stands behind the safety of its products, which meet all applicable U.S. federal safety standards and are manufactured according to current U.S. Good Manufacturing Practices. While Isagenix supports Proposition 65, it is important to note that Proposition 65 is a “right to know” statute that requires companies to provide warnings and that inclusion of a warning does not automatically mean that the product is unsafe.
Despite its belief that it was not required to do so, Isagenix voluntarily elected to provide Proposition 65 warnings to California customers well before the lawsuit was filed. Given this decision and our belief in the safety of our products, we do not believe that Proposition 65 requires us to make any changes to our product formulas. Isagenix has always prided itself on providing the highest quality no compromise products. Rest assured the safety and efficacy of our products is and will always remain our number one priority.
ERC’s lawsuit is part of a broader campaign targeting the nutritional supplement industry. Since 2010 (around the time that ERC was formed), ERC has issued over 300 Proposition 65 claims concerning other companies, including a number of our competitors and some of the largest dietary supplement companies in the world, alleging exposures to lead in a wide range of nutritional products such as shakes, capsules, herbal supplements, and bars. While many of ERC’s cases have resulted in settlements and many are still pending, to our knowledge, none of ERC's lawsuits have yet gone to trial.
California Proposition 65 has some of the most stringent warning standards in the world. There are over 800 chemicals currently listed under Proposition 65. For certain chemicals that are listed as reproductive toxicants, such as lead, California Proposition 65 warnings are required at extremely low levels that incorporate a 1,000-fold safety factor. In other words, for those chemicals, California sets a warning trigger level that is 1,000 times lower than the level of exposure that has been shown to have no observable effect on humans or animals.