The Office of Environmental Health Hazard Assessment (OEHHA) announced the addition of Aloe vera, non-decolorized whole leaf extract and Goldenseal root powder to the Prop 65 list on December 4, 2015. Companies had one year to include these warnings on currently marketed products.
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).
The “natural constituent” classification could be important because Prop 65 provides an exception for chemicals that are “naturally occurring” in foods and in other consumer products prepared with food ingredients, such as cosmetics.
“The recognition by OEHHA that these ingredients are "natural constituents" of their botanical sources may suggest that the "naturally occurring" exemption will apply to products that contain Aloe vera, non-decolorized whole leaf extract or goldenseal root powder,” stated the American Herbal Products Association in an update.
“It may be unlikely that any plaintiff will identify the aloe listing as relevant to products that contain Aloe vera whole leaf extract that has been decolorized and that is accurately labeled as such, or is accurately labeled as one of the aloe ingredients that is not included, as specified in the April 2015 notice of intent to list,” added AHPA.
AHPA has issued guidance for companies regarding the listing of these substances under Prop 65. The guidance can be accessed HERE.
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.