OUR COMMITMENT TO SAFETY
Health limits for lead and cadmium are regulated by the World Health Organization (WHO) and the Food and Drug Administration (FDA), respectively. The WHO has set the health limit for cadmium at 0.8 parts per million (ppm) for chocolate containing more than 50% cacao. The FDA has set the health limit for lead at 0.1 parts per million (ppm) for “candy likely consumed frequently by small children”. On average, Dick Taylor Chocolate products have a ppm content that is three times lower than the limit for cadmium and two times lower than the limit for lead. There are no products produced by Dick Taylor that test above either limit. However, because we care about complete transparency and your right to be informed, we include the warning to comply with California law.
WHAT IS PROP 65?
California’s Proposition 65, formally known as the Safe Drinking Water and Toxic Enforcement Act of 1986, is a state law that requires businesses to provide warnings if they sell products that could expose consumers to chemicals known to cause cancer, birth defects, or other reproductive harm. A warning does not mean a product is illegal or dangerous. The law applies even when exposure levels are very low and is set far below internationally recognized safety levels.
California maintains and updates a list of these chemicals, and businesses must provide a warning if exposure exceeds specific thresholds set by the state.
WHAT IS CADMIUM?
Cadmium is a naturally occurring metal found in the Earth’s crust. It can enter the environment through natural processes such as volcanic activity, the breakdown and erosion of rocks, and movement through rivers and waterways. In addition, human activities, such as mining, industrial manufacturing, fossil fuel combustion, and the use of certain fertilizers, can also contribute to cadmium’s presence in soil, water, and air.
Plants can absorb cadmium from soil. Cacao trees, for example, are especially good at pulling metals from the ground. That’s why cadmium sometimes shows up in chocolate—it reflects soil chemistry.
WHY WE POST WARNINGS?
Proposition 65 allows an exemption when a listed chemical is “naturally occurring” and not the result of manufacturing or processing. Cacao, like coffee, naturally contains trace minerals from the soil where it grows. These elements are present in many common foods, including: spinach, kale, sunflower seeds, root vegetables, and grains (some of which naturally contain higher levels of cadmium or lead per serving than chocolate).
For products like these, however, demonstrating and defending that exemption under current regulations can be complex and challenging. And the burden of proving qualification for this exemption rests with the business and is costly to establish. Thus, many businesses choose to provide a warning rather than risk litigation.
ADDITIONAL INFO ABOUT PROP 65
There is ongoing debate about how useful Proposition 65 warning thresholds are for consumers, particularly when a warning is required even in cases where scientific evidence shows no observable health effects at exposure levels many times higher than those present in the product. While opinions differ on the practical value of such warnings, we believe transparency is important.
For that reason, our products are annually tested by an independent, accredited laboratory. We then make our results and educational resources available so customers can make their own informed decisions about how closely they wish to evaluate naturally occurring metals in their food.
For more detailed information about Proposition 65, we encourage you to visit the Proposition 65 Warnings website. Also, watch this short video from craft chocolate tv to better understand the process in which metallic substances become part of our diet.