Regulations

California Bill to Require Heavy Metal Testing for Protein Powders Passes Through State Senate Committee

The bill, introduced in February, is co-sponsored by Consumer Reports and the Environmental Working Group.

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By: Mike Montemarano

Associate Editor, Nutraceuticals World

Photo: Nick Starichenko | Adobe Stock

The California Senate Environmental Quality Committee recently approved a bill introduced in February by Senator Steve Padilla, requiring protein powder manufacturers to test their products for heavy metals and publicly disclose the results.

SB 1033, which is co-sponsored by Consumer Reports (CR) and the Environmental Working Group (EWG) is intended to help consumers avoid products with high levels of contaminants.

“The rapidly expanding protein industry is putting untested, and, in some cases, unsafe products onto store shelves,” said Padilla. “We need to put common sense guardrails in place to hold manufacturers accountable, require proper testing, and ensure families can trust that the products they buy won’t put their health at risk.”

The testing requirements of this bill would be similar to those enacted last year for baby foods and dietary supplements intended for children under the age of 2 years old. In 2027, prenatal supplement manufacturers will also be required to publicly disclose heavy metal testing results in California.

The bill was introduced after Consumer Reports tested protein powders and found that two-thirds of the tested products contained levels of lead above 0.5 micrograms, the threshold for California’s Prop 65.  

“Our tests have found that toxic heavy metal contamination in protein supplements is widespread and has gotten worse since we first analyzed these products 15 years ago,” said Brian Ronholm, director of food policy at Consumer Reports. “No one should have to worry that their protein shake could expose them to dangerous levels of lead and other heavy metal contaminants. This bill will help Californians make healthier buying decisions and create a strong incentive for protein powder manufacturers to get lead and other dangerous heavy metals out of their products.”

Trade associations representing the dietary supplements industry noted at the time that California’s Prop 65 threshold is substantially more protective than the standards used by regulatory agencies around the globe, and that lead concentrations were comparable to those found in certain whole foods.

CR reported that no amount of lead exposure is safe, but the highest risk comes from repeated or continuous exposure. Additionally, two products in its testing panel exceeded its level of concern for cadmium, and the company detected 8.5 mcg of inorganic arsenic in one product.

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