After testing some products from A&Z Pharmaceutical, Inc., we found 11 products we alleged to be in violation of Proposition 65 in regards to lead amounts. Below is the timeline of events of the case between ERC and A&Z Pharmaceutical, Inc.
On August 29, 2019, Environmental Research Center filed a second Notice of Violation of California Law Proposition 65, against A&Z Pharmaceutical, Inc.
In this action, ERC alleges that four specific products manufactured, distributed, or sold by A&Z Pharmaceutical, Inc. contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning.
These products are:
- MFit Supps Mass Advantage Optimal Recovery Formula Chocolate
- Mfit Supps ISO Whey Whey Protein Isolate Vanilla
- MFit Supps HAVOC Performance Pre-Workout Lemon Lime
- Mfit Supps Menace Intra-Workout Peach Mango
On November 27, 2019, Environmental Research Center filed a second Notice of Violation of California Law Proposition 65, against A&Z Pharmaceutical, Inc.
In this action, ERC alleges that seven specific products manufactured, distributed, or sold by A&Z Pharmaceutical, Inc. contain lead, a chemical listed under Proposition 65 as a carcinogen and reproductive toxin, and expose consumers to lead at a level requiring a Proposition 65 warning.
These products are:
- Havoc Performance Powder Sour Watermelon FL
- Whey Protein Matrix Powder Chocolate FL
- Whey Protein Matrix Powder Vanilla FL
- Victus Powder Vanilla FL
- Victus Powder Chocolate FL
- Mass Advantage Powder Vanilla FL
- Iso Whey Protein Powder Chocolate FL
ERC filed a Civil Complaint on January 15, 2020.
A settlement was reached on January 22, 2020. In full satisfaction of all potential civil penalties, additional settlement payments, attorney's fees, and costs, A&Z Pharmaceutical shall make a total payment of $25,000.00 to ERC.
The following warning must be utilized on products with lead levels over 0.5 micrograms:
WARNING: Consuming this product can expose you to chemicals including lead which is [are] known to the State of California to cause [cancer and] birth defects or other reproductive harm. For more information go to www.P65Warnings.ca.gov/food.
The phrase "cancer and" in the Warning should be used if there is reason to believe that the "Daily Lead Exposure Level" is greater than 15 micrograms of lead or if there is reason to believe that another Proposition 65 chemical is present which may require a cancer warning.
The Warning shall be securely attached or printed on the container or label of each Covered Product. If the Warning is provided on the label, it must be set off from other surrounding information and enclosed in a box.
For any Covered Product sold over the internet, the Warning shall appear on the checkout page when a California delivery address is indicated. An asterisk (or other identifying method) must be used to identify which products on the checkout page are subject to the Warning. The Warning should never be contained through a link.
The Warning shall be at least the same size as the largest of any other health or safety warnings also appearing on the website, label, or container of the product packaging.The word "WARNING" shall be in all capital letters and in bold print. No statements intended to diminish the impact of the Warning should accompany the Warning.
No statements may accompany the Warning that state or imply that the source of the listed chemical results in a less harmful effect.
The Warning must be clear and visible compared to other words, statements, or designs on the label, container or website. This way, it is likely to be read and understood by the average person purchasing the products.
Beginning within one year, A&Z Pharmaceutical will arrange for lead testing of the Covered Products at least once a year for a minimum of five consecutive years. This is done by arranging for the testing of five randomly selected samples of each of the Covered Products they plan to distribute in California.
If tests conducted demonstrate that no Warning is required for a Covered Product during each of the five consecutive years, then the testing requirements will no longer be required. However, if during or after the five-year testing period, A&Z Pharmaceutical changes ingredient suppliers for any of the Covered Products and/or reformulates any of the Covered Products, A&Z Pharmaceutical must test that Covered Product annually for at least four consecutive years after the change is made.
If you want to read the whole A&Z Pharmaceutical settlement, click here.
Do you want to know if your products are safe and in compliance with Proposition 65? Submit a product to be tested!