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What is Prop 65? Everything You Need to Know


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VYU stands for ethics and transparency. That's why we're open about the Prop 65 warning labels you might see on our products.

You shouldn't be concerned. Our products are safe. It's about following California law, not about safety risks.

Now, let's clear up what Prop 65 is, and why you might see the warning label on our products, as well as on similar brands, like Four Sigmatic and MUD/WTR


What is Prop 65?

Proposition 65 is a state specific law that was originally set up in 1986 to protect California's water from pollutants. Today it is what's known as a "right-to-know" law, which informs consumers when an ingredient on the Prop 65 list of approximately 900 substances is potentially present in a product.

The level at which a substance is potentially present in a product before a warning label is required is very low.

For example, your typical grocery store vegetables like avocados, brussels sprouts, boiled spinach, watermelon, wine, cucumbers, and many others, all naturally exceed the Prop 65 levels that require a warning label. 

As a result, California residents have likely seen this warning label on everything from vegetables, to supplement products, to even non-food products, like the popular board game "Catan."

In many cases, such as with our product "Tune In," this label is required even if your product does not contain any Prop 65 substances, but simply comes in a plastic container. 

California is the only state to require this type of warning label.   

Why You Might See Prop 65 Labels on Our Products

Some of our products have a Prop 65 warning label, but that doesn't mean they're dangerous. We add these labels to remain transparent and compliant. To sell in California, a huge market, we must use these labels. 

We also include this label to protect ourselves from predatory law firms who use Prop 65 non-compliance as a way to seek an easy payday for their firm.

The list of chemicals in Prop 65 is growing, leading to more lawsuits against companies that don't comply. In 2018, there were 829 settlements totaling over $35 million for "Prop 65 label violations."

Also, since 2018, California requires online retailers to display Prop 65 warnings on their websites.

We aim to be ethical, transparent, and follow the law. That's why you'll see Prop 65 warnings with our products and on our website.

Do I Need to Worry About Prop 65 Warnings on VYU products?

No.

We do rigorous batch testing on all materials coming into our manufacturing facility, and we do a second final batch test before the packages leave the facility. 

We do all of our manufacturing in New York. All of of our raw materials are sourced from US suppliers as well.

Our product is produced, blended, and packaged in a cGMP-certified and FDA regulated facility in Hauppague, New York.

Our product was developed by scientists over 2 years of meticulous testing, and was created as something that us ourselves, and our families, can consume daily, is all natural, and doesn’t have any of the negative side effects of caffeine. 


What Kinds of Products Have to Carry Prop 65 Warnings?

The rules about which products need Prop 65 warnings can be confusing.

For example, Prop 65 requires labels on foods or consumables exposed to substances during their growth, manufacturing, or processing. This includes seafood that might have high mercury levels or other heavy metals.

It also includes vegetables that are grown in soil where, for example, sweet potatoes have grown and left traces of these Prop 65 substances. 

However, it gets more complicated. Even products in plastic packaging, especially food items, need warnings if the packaging includes Prop 65 substances, not necessarily the food itself.

Some board games sold in California, like Settlers of Catan, also have Prop 65 warnings. While Prop 65 aims to protect consumers, and often does, there are some confusing and questionable aspects to it.

Many see these warnings as excessive. They often flag products for having tiny amounts of low-risk substances. Prop 65's approach to labeling is broad and confusing.

The labels don't specify how much of a substance is in a product, what amount is safe, or why a substance could be harmful.

Frequently, products with minimal risk substances require warnings, regardless of the actual substance concentration.

It's odd to see the same warning on a variety of items—like drinks, potato chips, sweatpants, wood products, and boardgames. 

Knowing about harmful substances is important. Yet, it's not very helpful when the label doesn't provide specifics on the substance's quantity or its actual risk. 


Why Prop 65 Labels May Be Misleading Consumers

Prop 65 sets much stricter chemical limits than the EPA or FDA.

This means a product considered safe by the FDA or EPA might still need a warning label in California under Prop 65.

Often, Prop 65's acceptable substance levels are much lower than what would actually harm humans. This can make safe, low-risk products appear dangerous.

The labels might say a product contains a harmful substance without noting the amount is far less than what's needed to be dangerous.

For example, Prop 65 requires warnings on products with chemicals that could harm reproduction, even if the substance level is 1,000 times lower than the harmful threshold.

So, many products get labeled as potentially dangerous because of very small, harmless substance amounts.


Are VYU Products Safe?

Yes, our products' ingredients are 100% FDA approved, rigorously tested, and safe.

We team up with scientists, nutrition experts, and certified labs to make sure our products boost mental clarity and energy safely.

Our process is clear and high-quality.

Everything is made in New York City. We get our supplies from US sources and batch test every ingredient when it arrives to our facilities in New York, and again before it ships out.

Our Hauppauge, New York facility, where we make, mix, and package everything, meets cGMP standards and is FDA-checked. This is all to ensure you can trust what you're buying from us.

If you're worried or have questions, just reach out. Our customer service team is here to help.

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