OEHHA announced the addition to the Prop 65 list on December 4, 2015 after considering 35 public comments on its April 24, 2015 public notice (“Notice of Intent to List Chemicals by the Labor Code Mechanism: Aloe Vera, Whole Leaf Extract and Goldenseal Root Powder”).
The Safe Drinking Water and Toxic Enforcement Act of 1986 or Proposition 65 requires manufacturers selling products in California to include warning labels on products if they contain any detectable amount of 800+ chemicals believed to cause cancer or reproductive toxicity.
According to OEHHA, Aloe vera, non-decolorized whole leaf extract consists of the liquid portion of the Aloe vera leaf and is a natural constituent of the Aloe barbadensis Millerplant, while Goldenseal root powder is a natural constituent of the goldenseal plant (Hydrastis Canadensis).
“Businesses now have 12 months to either reformulate their products or provide a “clear and reasonable” warning before knowingly and intentionally exposing anyone to these substances,” wrote Riëtte van Laack, PhD, from Hyman, Phelps & McNamara, P.C. in a blog post.
“If the past is any indication, plaintiff attorneys will be ready with notices of violation when the 12 month period expires,” added Dr van Laack.
The American Herbal Products Association (AHPA) did summit comments during the public comment period (full comments can be read here).
On Aloe vera, AHPA called for the listing to specifically identify the material as “Aloe vera, non-decolorized whole leaf extract”, and called for specifically identified exclusions for Aloe vera decolorized whole leaf extract, Aloe vera decolorized leaf juice; Aloe vera gel; Aloe vera gel extract, or Aloe vera latex.
The association also called for OEHHA to clarify that Aloe vera, non-decolorized whole leaf extract, “is a natural constituent of the Aloe vera (L.) Burm. f. plant.”
For Goldenseal, AHPA noted that a monograph by International Agency for Research on Cancer (IARC) should be considered inadequate to support listing of goldenseal root powder as “known to the state of California to cause cancer”.
Despite these comments, OEHHA did not significantly change its position from the April 24 public notice.